ORDINANCES  AND  RESOLUTIONS 


I'AS8EI>    FA     TUK 


STATE   CONVENTlOiX 


OF 


NORTH    CAROLINA. 
Bt  Its  srlirval  5"r<:.sioiis  in  18Gl-'LiQ. 


ORDINANCES  AND  RESOLUTIONS 


PASSED    BY 


THE  STATE  CONVENTION 


OF 


NORTH  CAROLINA. 


jFitst  5*ession  in  JMag  antr  S^nft  1S61 


RALEIGH : 
JOH\   W.    SYME,    PRINTER    TO    THE    CONVENTION. 

1862. 


7>,  ^. 


ORDINANCES  AND  RESOLUTIONS 

OF    THE 

STATE  CONVENTION 

OP 

NORTH   CAROLINA. 

FIRST    SESSION    IN    MAY    AND   JUNE,    1861. 


#/'j 


AN  ORDINANCE  TO  DISSOLVE  THE  UNION  BE-  [No.  1.] 
TWEEN  THE  STATE  OF  NORTH  CAROLINA 
AND  THE  OTHER  STATES  UNITED  WITH  HER 
UNDER  THE  COMPACT  OF  GOVERNMENT 
ENTITLED  THE  CONSTITUTION  OF  THE 
UNITED  STATES. 


We^  the  people  of  the  State  of  North  Carolina,  in  Con-  Repeals  Ordi- 
vention  assemhled,  do  declare  and  ordain,  and  it  is  hereby  h|g"^Con8titu- 
declared  and  ordained,  That  the  ordinance  adopted  by  the  t'°°  "^i  ^^^ 

.        .  f  J  United  totates 

State  of  North  Carolina  in  the  Convention  of  1789,  whereby 
the  Constitution  of  the  LTnited  States  was  ratified  and 
adopted,  and  also,  all  acts  and  parts  of  acts  of  the  Gen- 
eral Assembly,  ratifying  and  adopting  amendments  to  the 
said  Constitution,  are  hereby  repealed,  rescinded  and  ab-  ». 

rogated. 

We  do  further  declare  and  ordain.  That  the  union  now  Declares  the 
subsisting  between   the   State  of  North  Carolina  and  the  i'^h  th/u!  s' 
other  States  under  the  title  of  the  United  States  of  Amer-  dissolved. 
ica,  is  hereby  dissolved,  and  that  the  State  of  North  Car- 
olina is  in  the  full  possession  and  exercise  of  all  those 
rights  of  sovereignty  which  belong  and  appertain  to  a  free 
and  independent  State.     \_Ratified  the  20th  day  of  May, 
1861.] 


UlQ-D  o  tr 


4  State  Cosvbxtiok.  [May, 

[No.  21  AN  ORDINANCE  VKSTINCi  IN  TUE  CONFEDER- 
ATE STATES  OV  AMERICA  JURISDICTION 
OVER  <ERTAIN  TRACTS  (>F  LAND  IN  THE 
TOWN  OF   FAYETTEVILLE.   N.    C. 


(tnmuimrmtt^       Wr.  th*  P^'^plf  of  Notih  Carolina,  in   Convention  a»»em- 

t^A  #w   Aj^^  •        •  * 

»u.'A«.  hltd,  ,f     '    '  :       '  i  it  M  hrrrbif  tWlared  and 

ordain'  f  the  State  of  North  Car- 

olirw  in  hereby  ce<led  to  the  Onfetlerate  States  of  America, 
frii    '  '  :in«l   orectiii;:  therein    Ar- 

m-i  I  ^  iSHtry   biiihlings,  over   all 

that  tract,  piece  or  pareel  of  land,  nituate.  lyin^  and  being 
in  '  'I  of  Favettevillr  and  county  of  Ciimberland,  the 

juj .  ii   «iver   which    wa»«  ttnled   the    I  niti'd   States  o\' 

America  by  an  act  of  the  lieneral  ARoenibly  of  the  State 
•if  North  CnroHnn.  ratifie«l  on  the  Hth  day  of  January, 
1839,  and  i?  entitled  "An  Act  vesting  in  the  United 
Staten  of  America  jurisdiction  over  a  certain  tract  of  land 
in  the  town  of  Fayetteville  and  county  of  Cumberland." 
v.rMiU  joH«jk.  And  In-  it  further  declared  and  ordained.  That  jurisdic- 
fc4,»i^i.i  lion  in  like  uiunner  and   fur  like  j)uri)oses  is  hereby  c(^ded 

to  the  Confe«lerate  States  of  America  over  all  tracts  or 
parcels  of  land  adjacent  t(t  the  saiiM*  heretorure  purchased 
by  the  United  States  of  America. 
K^uik*  jor»»  And  he  it  further  declared  and  ordained,  That  the  juris- 
tvu  m4  ai«t  diction  so  ceded  to  the  Confederate  States  of  America,  is 
rv^ernifi  granted  upon  tiie  express  condition  that  the  State  of  North 
Carolina  shall  retain  jurisdiction  on  and  over  the  tracts  of 
land  aforesaid,  so  far  that  civil  process  in  all  cases,  and 
such  criminal  process  as  may  issue  under  the  authority  of 
the  State  of  North  Carolina,  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  tract  of 
land  may  be  executed  therein  in  the  same  way  and  manner 
ao  if  this  jurisdiction  had  not  yet  been  ceded  :  The  Con- 
feilerate  States  to  retain  the  said  jurisdiction  so  long  as 
said  tract  or  tracts  of  land  shall  be  used  for  the  purposes 
expressed  in  this  ordinance,  and  no  longer. 
TttwaadfOMM-  Be  it  further  ordained,  That  the  title  and  possession  of 
the  said  lands  is  hereby  ceded  to  the  said  Confederate 
States  on  the  terms  and  conditions  aforesaid.  \^Ratijied 
the  Gth  day  of  Jane,  18  61.] 


•tc« 


1861.]  State  Convention.  5 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  AP-  [No.  3.] 
PIONTMENT  OF  A  BOARD  OF  CLAIMS. 

Be  it  ordained^  ^c,  That  a  Board  of  Claims,  to  consist  Number  of 
of  three  members — two  of  whom  sliall  be  a  quorum  to  do  autip?. 
business — be  elected  bj  this  Convention,  whose  duty  it 
shall  be  to  audit  and  settle,  upon  principles  of  equity  and 
justice,  all  claims  that  may  be  presented  against  the  State 
for  expenses  incurred  towards  the  arming,  ecjuipping,  sub- 
sistence and  transportation  of  our  volunteer  troops,  and  of 
munitions  of  war,  and  for  bounty  paid  said  troops  either  in 
the  military  or  naval  service  of  the  State,  and  other  ex- 
penses incurred  in  the  defence  of  the  State  prior  to  the 
20th  of  May,  1861 ;  and  all  county  claims  and  other  claims 
of  the  character  aforesaid,  arising  since  the  20th  of  May, 
1861,  which  are  not  provided  for  by  law  ;  and  no  county 
or  corporation  claim  shall  be  entertained  by  said  Board, 
unless  the  same  shall  be  certified  by  the  County  Trustee, 
or  Chairman  of  the  County  Court,  or  by  the  corporate 
authorities  of  any  corporation,  as  the  case  may  be,  whence 
the  claim  or  claims  may  come. 

Be  it  further  ordained,    That   the    members  of  the  said  To  take  an  oath. 
Board  of  Claims  shall  take  and  subscribe  an  oath  faithfullv 
and  impartially  to  discharge  their  duties;    they  may  em- Employs ciprk. 
ploy  a  clerk  who  shall  record  the  proceedings  of  the  Board  ; 
they  shall  give  general  and  public  notice  of  tlie  times  and 
place  of  their  sittings ;  they  shall  be  authorized  to  admin- 
ister oaths  and  to  require  affidavits  to  be  made  when  neces- 
'^ary.     The  said  Board  shall  report  the  result  of  their  labors  to  report  to  th« 
ind  proceedings,  with  a  brief  statement  of  the   character 
of  each  claim  allowed,  at  the  conclusion  of  their  labors,  or 
from  time  to  lime,  as  they  may  think  proper,  to  this  Con- 
vention, either  at  the'present  or  any  future  session.     Each  comptnsation. 
member  of  the  Board  shall  be  allowed  six  dollars  per  day, 
and  the  clerk  shall  ])e  allowed  four  dollars  per  day  for  eacii 
day  they  shall  be  actually  employed. 

Be  it  further  ordained,    That  this  ordinance   shall   re-  Length  of  tim^ 
main  in  force,  and  the  Board  hereby  provided  for  shall  con-  exist.  " 
tinue    in    existence    till  the    15th  day  of  December  next, 


State  Coxvektion.  [June, 

nibject  lo  tmMidBent.  modiiicAtion  or  repeal  by  this  Con- 
tention :  and.  in  case  of  the  death,  resignation  or  refusal 
to  wrve  of  any  member  of  said  Board  of  Claims  during 
•oy  recejn*,  or  after  the  final  adjournment  of  this  Conven- 
tion, J*uch  vacancy  shall  be  supplied  by  the  appointment  of 
ibe  Governor.     {^Ratified  the  Sth  Jay  of  Juncy  1801.J 


T)iW«»(M4 


[No.  4  1  AN  UKIUNANCE  TOUCHING  THE  AUTHENTI- 
CATION OF  ORDINANCES  AND  OTHER  ACTS 
OF  THE  CONVENTION. 

Bf  it  ordained  by  thi$  Convention,  That  ordinances 
and  resolutions  of  thi.s  Convention  having  the  effect  of 
laws,  8hall  l>e  authenticated  by  the  signature  of  the  Presi- 
dent and  attestation  of  the  Secretary  and  Assistant  Secre- 
tary, and  .vhall  have  the  th»te  of  their  final  passage  annexed 
thereto;  from  which  date  each  ordinance  and  resolution 
shall  take  effect  and  go  into  operation,  unles.s  some  other 
lime  shall  be  therein  appointed.  [^liutifitd  the  8th  ihty  of 
June,  18t;i.] 


pjo.  5.J         RESOLUTION  IN  KAVOR  OF  h.  W.  JOYNER. 

I'usiM  J{e»olvedy  That  the  Treasurer  be,  and  he  i^  hereby  uutiior- 

ized  to  pay  L.  W.  Joyuer,  ^ixty-eight  dollars  for  services 
as  clerk  of  tht*  Military  Committee.  [^Uatifud  the  I5th 
.7,,„„r  J,,,,,.,  1801.] 


INu.  O.J  RESOLUTION  TO  AUTHORIZE  THE  FIRST  REGI- 
MENT TO  INSCRIBE  -RETllEL';  ON  THEIR 
COLORS. 


Tm>Iih"Ii.jU  I 


Iiinolred,  That  this  Convention,  appreciating  the  valor 
and  good  conduct  of  the  officers  and  men  in  the  1st  Regi- 
ujent  of  North  Cartdina  Volunteers,  do,  as  a  testimonial  of 
tin*  Kame,  authorize  the  said  regiment  to  inscribe  the  word 
"  Bethel "  upon  their  regimental  colors.  [^Ratified  the  llth 
day  of  June,  18G1.J 


1861.]  State  Convention.  7 

AN  ORDINANCE  DEFINING  TREASON  AGAINST  [No.  7.] 
THE   STATE. 

Be  it  ordained   hy  this    Convention,   and,   it   is  hereby  consiitsiniery- 
ordained  by  the  authority  oj  the  same,  as  jollows :   ireason 
against  the  State  of  North  Carolina,  shall  consist  only  in 
levying  way  ngainst  her,  or  in   adhering  to  her  enemies, 
ffivins:  them  aid  and  comfort.     No  person  shall  be  convicted  Two  witneinet 

®  ^  .  ^  .  tocontict. 

of  Treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  confession  in  open  court.  [Ratified  the 
ISth  day  of  June,  1861.] 


AN  ORDINANCE  REPEALING  THE  ACT  OF  THE  [No.  8.] 
GENERAL  ASSEMBLY  CONVENING  THE  LEG- 
ISLATURE ON  THE  25th  OF  JUNE,  1861. 

Be  it  ordained.  That  the  resolution  passed  by  the  Gen-  Abrogstw  reso- 

'  _  _     /  ♦'        _  lution  of  Legii- 

eral  Assembly  at  its  late  session  providing  for  an  adjourned  '»t"''e> 
session  of  the  said  General  Assembly  on  the  25th  of  June, 
1861,  be,  and  tlie  same  is  hereby  abrogated  and  annulled. 

Be  it  further  ordained,    That  there  shall  be  a  session  of  Appoints  a  dsy. 
the  General  Assembly  which  shall  convene  on  the  15th  day 
of  August  next.     [^Ratified  the  19<7i  day  of  June,  1861.] 


RESOLUTIONS    FIXING     THE     COMPENSATION  [No.  0.] 
OF    OFFICERS    OF    THE    CONVENTION,    AND 
APPOINTING  AN  AUDITING  COMMITTEE. 

Reiolved,  That  the  President,  Secretaries,  Engrossing  paiarief  «o  u 
Clerk  and  Doorkeepers  of  this  Convention  be  allowed  the  i'^^ ed  by  the ' 

....  ...  1        /-I  1     i  ,1       Oencriil  .AMcm- 

came  compensation  which  is  paid  by  the  General  Assembly  I'ly- 
to  the  officers  who  render  similar  services  to  that  body. 

Resolved,   That  a  committee  of  three  be  appointed,  who  contingent  ei- 
shall,  during  the  sitting  or  after  the  adjournment  of  the  **"***■ 
Convention,  audit  and  certify  to  the  Governor  all  other 


State  Convention.  [June, 

e)aiai5  on  acooant  of  the  contingent  expenses  of  the  Con- 
^  *ntion,  «nd  that  they  be  authorized  to  allow  three  dollars 
per  day  ""d  the  Iravollin^  expenses  of  all  messengers  who 
may  h<*  tmployed  by  thi*-  r..n\vnti<»n.  \7iatlHt'<i  the  \Wi 
ilajt  of  Jnu.,  1S61.] 


pCo.  lO.-j   RESULITION    To    TKINT  AK.MV   KEGILATIONS. 


B**olrett  That  four  thousand  copies  of  the  Army  Reg- 
^"  ulation.H  of  the  Army  of  the  (Jonfederatr  States  of  America 

be  printed  for  the  use  of  the  officers  and  soldiers  of  this 
Stat^  now  in  service,  and   hereafter  to  be  called  into  ser- 
vice. 
rH»irtUji»(B  Rinohrd,   That  ten  coiiio  v;\v\\  lie  tuinishcd  totlicnirni- 

hers  of  this  Convention.  an<l  that  the  Adjutant  General  be 
retjuested  to  distribute  the  remainder  in  such  manner  as  to 
fiirnifh  to  our  soldiers  a  knowledjxe  of  the  military  laws  by 
which  they  are  to  be  ;:overnc(l.  \ Rutifix}  (hr  1!V/;  if<v/  nf 
Jutif^  18H1.] 


FN"    11]   AN  ORDINANCE  To  RATIFY  THE  CONSTITUTION 
OF  THE  CONFEDERATE  STATES  OF  AMERICA. 

r-rr.BiM,  WnKKKAS,  On  the  eleventh  day  of  March,  A.  D.,  1861, 

at  Montgomery,  in  the  State  of  Alabama,  a  Constitution 
wan  adopted  by  a  Congress  of  delegates  from  the  States  of 
AlabamH,  Florida,  Oeorgia.  Louisiana,  Mississippi,  South 
Carolina  and  Texas,  united  under  the  name  of  the  Confed- 
erate States  of  Auierica,  which  Constitution  hath  been 
ratified  by  each  of  the  said  States  : 

E»iiBr«nuB  Now,  therefore,  this   Convention,  having  seen   and  con- 

sidered the  said  C«ui8titution,  doth,  in  behalf  of  the  people 
of  the  State  of  North  Carolina,  adopt  and  ratify  the  said 
Constitution  and  form  of  Government,  the  tenor  of  which 
appearb  in  a  bchedule  hereto  annexed. 


1861.]  State  Convention.  9 

CONSTITUTION  OF  THE  CONFEDERATE  STATES 
OF  AMERICA. 

We,  the  people  of  the  Confederate  States,  each  State  rr«ami)ie 
acting  in  its  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  government,  establish  justice, 
insure  domestic  tranquility  and  secure  the  blessings  of  lib- 
erty to  ourselves  and  our  posterity — invoking  the  favor 
and  guidance  of  Almighty  God — do  ordain  and  establish 
this  Constitution  for  the  Confederate  States  of  America. 

ARTICLE  1. 

SECTION   I. 
All  legislative  powers  herein  delegated  shall  be  vested  vesu  the  Legis- 

/-i  ^      1         /-I        r»     1  o  1   •    1         1      1 1  lalive  powerB 

in  a  Congress  ot  tlie  Contederate  fetates,  which  shall  con- 
sist of  a  Senate  d.nd  House  of  Representatives. 

SECTION   II. 

1.  The  House  of  Representatives  shall  be  composed  of  Q"«i'fi<'»»o>>» of 
members  chosen  every  second  year  by  the  people  of   the 

several  States ;  and  the  electors  in  each  State  shall  be 
citizens  of  the  Confederate  States,  and  have  the  qualifica- 
tions requisite  for  electors  of  the  most  numerous  branch  of 
the  State  Legislature ;  but  no  person  of  foreign  birth,  not 
a  citizen  of  the  Confederate  States,  shall  be  allowed  to 
vote  for  any  officer,  civil  or  political,  State  or  Federal. 

2.  No  person  shall  be  a  Representative,  who  shall  not  Qnsiifirnfionsoi 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen  '**"^*"'^''""'"^" 
of  the  Confederate  States,  and  who  shall  not,  when  elected, 

be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  appor-  Apportioumeut 
tioned  among  the  several  States,  which  may  be  included 

within  this  Confederacy,  according  to  their  respective  num- 
bers, which  shall  be  determined,  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service 


10 


^TATE   C0XVEN*TI0N\ 


[June, 


r»fii 


f,^,.  <"  \\   excluding   Indians    uul    laxcd, 

tlj:  The  actual  cuumeration  shall  be 

made  within  three  years  after  the  first  meeting  of  the 
C-  f  the  CunftMlerate  State?,  and  within  every  sub- 

»4  J  ...  ni  of  ten  year?,  in  .such  manner  as  they  shall  by 
law  direct.  The  number  of  Representatives  shall  not  ex- 
ceed one  for  every  fifty  thousand,  but  each  State  pliall  have 
at  least  one  Rcprcbcntative ;  and  until  such  enumeration 
nhall  be  made,  the  Slate  of  South  Carolina  shall  be  entitled 
to  choow  six — the  State  of  Georgia  ten — the  State  of 
AV  '  -  viine — the  State  of  Florida  two — the  State  of 
M  seven — the  State  of  Louisiana  six,  and  the  State 

of  Texas  six. 

4.  ^Vhen  vacanci<  s  hajiju-n  in  the  representation  from 
any  SUilc,  the  Executive  authority  thereof  .shall  issue  writs 
nf  election  to  fill  such  vacancies. 

.*>.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers  ;  and  shall  have  the  sole  power 
of  impeachment;  except  that  any  judicial  or  other  federal 
'  officer,  resident  and  acting  solely  within  the  limits  of  any 
£t4ite,  may  be  impeached  by  a  vote  of  two-thirds  of  both 
brunches  of  the  Lci'islaturc  thei-cof. 


SECTION    III. 


llMitArvllua. 


VarMK-tf* 


1.  The  Senate  of  the  Confederate  States  shall  be  coni- 
poseil  of  two  Senators  from  each  State,  chosen  for  six  years 
by  the  Legislature  thereof,  at  the  regular  session  next  im- 
rae<liately  preceding  the  commencement  of  the  term  of 
service ;  aiul  each  Senator  shall  have  one  vote. 

2.  Innnediately  after  they  shall  be  assembled,  in  consc- 
(juence  of  the  first  election,  they  shall  be  divided  as  eiiually 
a«  may  be  into  three  classes.  The  scats  of  the  Senators 
of  the  first  class  bhall  be  vacated  at  the  expiration  of  the 
second  year ;  of  the  second  class  at  the  expiration  of  the 
fourth  year;  and  of  the  third  class  at  the  expiration  of 
the  sixth  year  ;  so  that  one-third  may  be  chosen  every  sec- 
ond year;  and  if  vacancies  happen  by  resignation,  or  oth- 


1861.]  State  Convention.  11 

erwise,  during  the  recess  of  the  Legislature  of  any  State, 
the  executive  thereof  may  make  temporary  appointments 
until  the  meeting  of  the  Legislature,  which  shall  then  fill 
such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at-  QnaMtiiauonsot 
tamed  the  age  oi    thirty  years,  and  be  a  citizen  of  the 
Confederate  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate   States  shall  ^»';« rrcsiacnt. 
be  President  of  the  Senate,  but  shall  have  no  vote,  unless 

they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers  :  and  also  other  officerB  of 

Senate. 

a  President  jjro  tempore  in  the  absence  of  the  Vice-Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of 
the  Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im-  Pf-wcr.^  oi  sen- 
peachments.     When  sitting  for  that  purpose,  they  shall  be 

on  oath  or  affirmation.  When  the  President  of  the  Con- 
federate States  is  tried,  the  Chief  Justice  shall  preside ; 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  Kxt.-nt  of  judg 
further  than  to  removal  from  office,  and,dis(|ualification  to 

hold  and  enjoy  any  office  of  honor,  trust  or  pVofit,  under 
the  Confederate  States;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

SECTION   IV. 

1.  The  times,  places  and  manner   of    holding   elections  Tinuv,, mi  n.»n- 
for  Senators  and  Representatives,  shall  be  prescribed  in  "i^tlonr.'*'"'* 
each  State  by  tlic  Legislature  thereof,  subject  to  the  pro- 
visions of  this  constitution  ;  but  the  Congress  may,  at  any 

time,  by  law,  ipake  or  alter  such  regulations,  except  as  to 
the  times  and  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  Conero-sfo 
year;    and  such  meeting  shall  be  on  the  first  Monday  in  '^Zu''"^''^''"' 
December,  unless  they  shall,  by  law,  appoint  a  different 

day. 


12 


i?TATB  Convention. 


[June, 


FECTIO.V   V. 


vim-h  1.  t.i<.Ij  liou.sc  .--h.ill  be  the  ju<l;;c  of  the  elections,  re- 
turnH  ami  <iualificatioiis  of  its  own  niombers,  ami  a  majority 
of  cHch  shall  constitute  a  quorum  to  do  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  al)scnt  members, 
in  huch  manner  and  under  such  penalties  as  each  House 
in.iy  provi<lc. 

2.  Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds  of  the  whole  number,  expel 
a  mend»er. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time,  publish  the  same,  excepting  such 

\rMkA4  N.jf  parts  as  may  in  their  jud;iment  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

•I.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
tliree  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sittin;::. 


►1« 


«<ij»«ni»Mi. 


SECTION    VI. 


<  "«i««Hif >a         1.  The  Senators    an<l    Representatives   shall    receive  a 

iio<1  |>rirtl*j|«*  .  _  ,      .  ,  '111 

compensation  lor  tlicir  services,  to  be  ascertained  liy  law, 
and  paid  out  of  the  treasury  of  the  Confe<lerate  States. — 
They  shall,  in  all  cases,  except  treason,  felony  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  atten- 
dance at  the  session  of  tlicir  respective  houses,  and  in 
going  to  and  returning  from  the  same ;  and  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 
r'i».».i.  ihf  «.  No  Senator  or  Ileprc.'-cni.itive  siiall,  during  the  time 

boitflnc  ofoihrr    ri'ii  i  ii  -i  ••lo? 

"«...•  »..r  «»■!   lor  Which  he  was  elected,  be  api)Ointed   to  any  civil   otncc 
under  the  authority  of  the  Confederate  States,  which  shall 


1861.]  State  Convention.  13 

have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time;  and  no  person  holdinfn; 
any  office  under  the  Confederate  States  shall  be  a  member 
of  either-  house  during  his  continuance  in  office.  But  Con- 
gress may,  by  hiAv,  grant  to  the  principal  officer  in  each 
of  the  Executive  Departments  a  seat  upon  the  floor  of 
either  house,  with  the  privilege  of  discussing  any  measures 
appertaining  to  his  department. 

section   VII. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  Biiis  lov  raibiu*; 

It  p   T»  •  1  1       o  Revenue. 

House  01  Kcprescntative  ;  hut  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  houses,  diall,  niiis  to  k<  sign- 

,      ,.  •     1  11  1  1        T.        .  1  n  ••''  ''y  the  Presi- 

bcfore  it  becomes  a  law,  be  presented  to  the  rresKleiit  of  citiu. 
the  Confederate  States;  if  he  approve,  he  shall  sign  it; 
but  if  not,  he  shall  return  it  with  his  objections  to  that 
house  in  Avhich  it  shall  have  originated,  who  shaM  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration,  two-thirds  of  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  case;% 
the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  re- 
spectively. If  any  bill  shall  not  be  returned  by-  the  Pres- 
ident within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Congress,  by  their 
adjournment,  prevent  its  return  ;  in  which  case  it  shall  not 
be  a  law.  The  President  may  approve  any  appropriation 
and  disapprove  any  other  appropriation  in  the  same  bill 
In  such  case  he  shall,  in  signing  the  bill,  designate  the  ap- 
propriations disapproved  ;  and  shall  return  a  copy  of  such 
appropriations,  with  his  objections,  to  the  house  in  which 


14 


Statk  Convention. 


[June, 


tho  bill  j^hall  have  originated ;  and  the  same  proceedings 
shall  then  1»e  had  as  in  the  case  of  otiicr  bills  disapproved 
bv  tlic  President. 
nni«r». t«<»i«  3.  Evcry  ofdcf,  resolution  or  vote,  to  which  the  concur- 
uTuMt^'hy  ronce  of  both  houses  may  be  necessary,  (except  on  a  ques- 
tion of  adjournnicnt)  shall  be  presented  to  the  President  of 
the  Confederate  {States;  and  before  the  same  shall  take 
effect,  shall  be  approved  by  him  ;  or  being  disapproved  by 
him,  shall  be  repassed  by  two-thirds  of  both  houses,  accor- 
ding to  the  rules  and  limitations  prescribed  in  the  case  of 
a  bill. 

SECTION    VIII. 


PnwvTs  of  Oon- 


To  IniTow 
■MOrj. 


Rafulallnn  of 
Oommerc*. 


The  Congress  shall  have  power : 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide  for  the 
<<oiiiiion  defoncc,  and  carryon  the  government  of  the  Con- 
iVdcrato  States :  but  no  Ijounties  shall  be  granted  from  tho 
treasury ;  nor  shall  any  duties  or  taxes  on  importations 
from  foreign  nations  be  laid  to  promote  or  foster  any 
branch  of  industry ;  and  all  duties,  imposts,  and  excises 
shall  be  uniform  throughout  the  Confederate  States: 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
Slates : 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes ;  but 
neither  this,  nor  any  other  clause  contained  in  the  consti. 
tution,  sluill  ever  be  construed  to  delegate  the  power  to 
Congress  to  appropriate  money  for  any  internal  improve-' 
ment  intcn<lt'd  to  facilitate  commerce ;  except  for  the  j)ur- 
pose  of  furnishing  lights,  beacons,  and  buoys,  and  oilier 
aids  to  navigation  upon  tho  coasts,  and  improvement  of 
harbors  and  the  removing  of  obstructions  in  river  naviga- 
tion, in  all  which  Ciises,  sucli«  duties  shall  be  laid  on  the 
navigiition  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof; 


iSGi.]        State  Convention.  15 

4.  To  establish  uniform  laws  of  naturalization,  and  uni-  Laws  of  natu- 

ralization. . 
form  laws  on  the  subject  of   bankruptcies,  throughout  the 

Confederate  States,  but  no  law  of  Congress  shall  discharge 

any  debt  contracted  before  the  passage  of  tlie  same  : 

5.  To  coin  money,  regulate  the  value  thereof   and  of  coming  money, 
foreign  coin,  and  fix  the  standard  of  weights  and  measures : 

G.  To  provide  for  the  punishment  of   counterfeiting  the  runisiiment  for 

^  .  founlurtciting. 

securities  and  current  coin  of  the  Confederate  States : 

7.  To  establish  postofficcs  and  post  routes  ;    but  the  ex-  Postomcps  ana 

^  '■  post  routes. 

penses  of  the  Postoffice  Department,  after  the  first  day  of 
March  in  the  year  of  our  Lord  eighteen  hundred  and  six- 
ty-three, shall  be  paid  out  of  its  own  revenues: 

8.  To  promote  the  progress  of  science  and  useful  arts,  snenco  ana 

"^  ,      ,       '■       ^  ,  useful  arts. 

by  securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discoveries : 

9.  To    constitute    tribunals    inferior   to   the   Supreme  inf.nior  tribu- 

,  '■  nal.s. 

Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  I'iraoios  aud 

*  A  _  lolonies. 

on  the  high  seas,  and  ofiences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  rcpri-  Toucciare  war, 
sal,  and  make  rules  concerning  captures  on  land  and  water : 

12.  To  raise  and  support  armies ;   but  no  appropriation  Armies, 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

13.  To  provide  and  maintain  a  navy  :  Nn^y. 

14.  To  make  rules  for  the  government  and  regulation  of  huics  for 

Army  and  Navy 

the  land  and  naval  lorccs  : 

15.  To  provide  for  calling  forth  the  militia  t©  execute  The  miiiiia. 
the  laws  of  the  Confederate  States,  suppress  insurrections, 

and  repel  invasions: 

IG.  To  provide  for  organizincr,  armino:  and  disciplininfr  orjranizinp, 

.  .    .  °  ^  °  1  O    arming,  Ac 

the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  Confederate  States ; 
reserving  to  the  States,  respectively,  the  appointment  of 
the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress. 

17.  To  exercise  exclusive  logi.slation,  in  all  cases  what-  Seatoruo»ern 
soever,  over  such  tlistrict  (not  exceeding  ten  miles  s(|uare) 


IC 


State  Convention. 


[June, 


as  maj,  hy  cession  of  one  or  more  States  ami  the  accep- 
tance of  Congress,  become  the  seat  of  the  Government  of 
the  Confeclcratc  States;  and  to  exercise  like  authority 
over  all  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
niagaziues,  arsenab,  dockyards  and  other  needful  build- 
ings ;  and 

IS.  To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 
otiu-r  powiT-s  vested  by  this  Constitution  in  the  government 
i»f  the  Confederate  States,  uv  in  any  dejiai  tnient  or  officer 
thereof. 

FECTIUN   IX. 


l*ow«r*  of  (Va- 

ycmw  III  l-p/trj 


Will  •.(  l<*l.-«. 


»„rt*i» imt-r.  1.  The  importation  of  negroes  of  the  African  race,  from 
ut»o»ui»j(rx-«  ,jj^^  foreign  country,  other  than  the  slaveholding  States  or 
territories  of  the  United  States  of  America,  is  hereby  for- 
bidden ;  and  Congress  is  required  to  pass  such  laws  as  shall 
eflecttially  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  terri- 
tory not  belonging  to  this  Confederacy. 

o.  'J'he  priviU'ge  of  the  writ  of  habeas  corpus  shall  not 
be  susjiended,  unless  when  in  cases  of  rebellion  or  invasion 
tin*  public  safety  may  require  it. 

\.  Mo  bill  of  attainder,  t'.r^^o.s/'  facto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves  shall  be 
passed. 

5,  No  capitation  or  other  direct  tax  shall  be  laid, 
unless  in  proportion  to  the  census  or  enumeration  lierein- 
befi»re  directed  to  be  taken. 

G.  No  tax  or  duty  shall  bo  laid  (m  articles  exported  from 
any  State,  excej)t  by  a  vote  of  two-thirds  of  both  houses. 

7.  No  preference  shall  be  given  by  any  regulation  of 
connnerce  or  revenue  to  the  ports  (d"  one  State  over  those 
uf  another. 


Ca|<iUlluDUs. 


H.ii.M 


1861.]  State  Convention.  17 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in  Money  drawn 
consequence  of  appropriations  made  by  law  ;  and  a  regular  Treasury, 
statement  and  account  of  the  receipts  and  expenditures  of 

all  public  money  shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treas-  Appropriation? 
ury  except  by  a  vote  of  two-thirds  of   both  houses,  taken 

by  yeas  and  nays,  unless  it  be  asked  and  estimated  for  by 
some  one  of  the  heads  of  department,  and  submitted  to  Con- 
gress by  the  President ;  or  for  the  purpose  of  paying  its 
own  expenses  and  contingences  ;  or  for  the  payment  of 
claims  against  the  Confederate  States,  the  justice  of  which 
shall  have  been  judicially  declared  by  a  tribunal  for  the 
investigation  of  claims  against  the  government,  which  it  is 
hereby  made  the  duty  of  Congress  to  establish. 

10.  All  bills  approiiriatina;   monev  shall  specify  in  fed-  Amount  appro- 

i  ^        '  ^  •'  .       .  priatpd  to  be 

eral  currency  the  exact  amount  of  each  appropriation  and  speritieaonbiiu 
tlie  purposes  for  wliich  it  is  made ;    and  Congress  shall 
grant  no  extra    compensation    to    any    public    contractor, 
officer,  agent  or  servant,  after  such  contract  shall  have  been 
made  or  such  service  rendered. 

11.  No  title  of  nobility  shall  be  jjranted  bv  tlie  Confed-  Presents  tvotu 

•'  "  •  tnrei^n  pofen- 

erate  States  ;  and  no  person  holding  any  office  of  profit  or  '"♦*■"■ 
trust  under  them,  shall,  without  the  consent   of    the  Con- 
gress, accept  of  any  present,  emolument,  office  or  title  of 
any  kind  whatever  from  any  king,]^prince  or  foreign  State. 

12.  Concjress  shall  make  no  law  respecting  an  establish-  Religion,  tree 
ment  of  religion,  or  pj-ohibitinsr  the  free  exercise  thereof ;  and  right  ot 

ri         f  I  O  petition. 

or  abridging  the  freedom  of  speech,  or  of  the  press :  or 
tlie  right  of  the  people  peacca])ly  to  assemble  and  petition 
the  government  for  a  redress  of  grievances. 

13.  A  well    regulated   militia   being   necessary    to    the  Arm-i  hearing. 
security  of  a  free  State,  the  right  of  the  people  to  keep 

and  bear  arms  shall  not  be  infringed.  , 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  SoUiera  and 

,  •    1  1  n      1  •  •  house  owuerf . 

any  house  witliout  the  consent  ot  the  owner  ;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be   secure  in  their  per-  searcher 
sons,    houses,    papers,   and   effects   against    unreasonabh* 

3 


18 


State  CoxvEXTtox. 


[June, 


IMMMMW 
rtitmm.  A' 


rrlailB*!*. 


■ilLtow*! 
pmammtnn 


searches  and  seizures,  shall  not  be  violated  ;    and  no  war- 
r-\nr-  >1ki11  issue  l)Ut  upon  probable  cause,   supported    bj' 
■  It II  or  Mllirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  thinii;  to  be'scized. 

10.  No  person  shall  be  held  to  answer  for  a  capital  or 
f»therwise  infamous  crime,  unless  on  a  pres,entmcnt  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the 
lnn<l  or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice, in  time  of  war  or  public  danger;  nor  shall  any  per- 
son be  subject  for  the  s:ime  offence  to  be  twice  put  in  jcop. 
anly  of  life  or  limb  ;  nor  to  be  compelled,  in  any  criminal 
cast',  to  be  a  witness  against  himself:  nor  be  deprived  of 
life,  liberty,  or  property  without  due  process  of  law;  nor 
hhall  private  property  be  taken  for  public  use  wi'thout  just 
compensation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  to  have  the  assistance  of  coun- 
sel for  his  defence. 

IH.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  tlie  right  of  trial  by  jury 
shall  b«  preserved;  and  no  fact  so  tried  by  a  jury  shall  be 
otherwise  re-examined  in  any  court  of  the  Confederacy, 
than  accor<ling  to  the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive 
lines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

2U.  Every  law  or  resolution  having  the  force  of  law, 
Khali  relate  but  to  one  subject,  and  that  shall  be  expressed 
ill  tltc  title. 


SRCTIOX    X. 


jTuwmkoi,  1.  So  M:it«'  shall  vuiw  into  any  treatv,  alliunco,  or  con- 

IVdtMHtioii ;    grrint    letters    (tf    maniuc  and  reprisal  ;  coin 


1861.]  State  Convention.  1^ 

money;  make  anything  but  gold  and  silver  coin  a  tender 
in  payment  of  debts  ;  pass  any  bill  of  attainder,  or  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts ;  or 
grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  Prohibition 

.  ,      .  .  upon  States. 

lay  any  miposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws ;  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the 
use  of  the  treasury  of  the  Confederate  States ;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of 
Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated  by  the 
said  vessels ;  but  such  duties  shall  not  conflict  with  any 
treaties  of  the  Confederate  States  with  foreign  nations : 
and  any  surplus  revenue,  thus  derived,  after  making  such 
improvement,  be  paid  into  the  common  treasury.  Nor 
shall  any  State  keep  troops  or  ships  of  Avar  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State, 
or  with  a  foreign  power,  or  engage  in  war,  unless  actually 
invaded,  or  in  such  imminent  danger  as  will  not  admit  of 
delay.  But  when  any  river  divides  or  flows  through  two  or 
more  States,  they  may  enter  into  compacts  with  each  other 
to  improve  the  navigation  thereof. 

ARTICLE  2. 


SECTION   I. 


1. 


The  executive  power  shall  be  vested  in  a  President  of  i-rrMcifnt  «n.i 
the  Confcdcrntc  States   of  America!     He  and  the  Vice  ^'''' ''""'**"'• 
President  shall  hold  their  offices  for  the  term  of  six  years; 
but  the  President  shall  not  be  re-eligible.     The  President 
:ind  Vice  President  shall  be  elected  as  follows: 

2.  Each  State  shall  appoint,  in  such  manner  as  the  leg-  Eiwtow. 
islaturc  thereof  may  direct,  a  number  of  electors  cc^ual  to 


JO  State  Convention.  [June, 

the  whole  number  of  Senators  and  licprcsentativcs  to  which 
the  State  may  be  entitled  in  the  Congress;  but  no  Senator 
or  Representative,  or  person  holding  an  office  (»f  trust  or 
].:  fit  under  the  Confederate  States,  shall  be  appointed  an 
.  M  t  i'.»r. 
■niieiii  t-r  3.  The  electors  shall  meet  in  their  respective  States  and 
Ti»rf«MMii  vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  iiilialiitant  of  the  same  State 
with  themselves;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  per- 
sons voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and 
transmit,  sealed,  to  the  seat  of  the  government  of  the  Con- 
federate States,  directed  to  the  President  of  the  Senate ; 
rouatingtiM  the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted ;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be 
the  Pre>ideul,  if  such  a  number  be  a  majority  of  the  whole 
number  of  electors  appointed  ;  and  if  no  person  have  such 
majority,  then,  from  the  persons  having  the  highest  num- 
bers, not  excelling  three,  on  the  list  of  those  voted  for  as 
President,  the  llousc  of  Representatives  shall  choose, 
of         immediately,  by  ballot,  the  President.     But   in  choosing 


*»u 


Ahf      the  President,  the  votes  shall  be  taken  by  States,  the  rep- 

tbaOovMor  .  . 

■  urmauitTt  rescntalioii  from  each  State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thir<ls  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President,  whenever  the 
right  of  choice  shall  devolve  upon  them,  before  the  fourth 
<lay  of  March  next  following,  then  the  Vice-President  shall 
act  as  President,  as  in  case  of  the  death,  or  other  constitu- 
tional disability  of  the  President. 

TiaPrMMML  4.  Thc  pcrsou  haviug  the  greatest  number  of  votes  as 
Vice-Prcsidcut,  shall  be  the  Vice-President,  if  such  uum- 


1861.]  State  Convention.  21 

ber  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  no  person  have  a  majority,  then,  from 
the  two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President ;  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  numbei'  shall  be  necessary  to  a 
choice. 

6.  But  no  person  constitutionally  ineligible  to  the  office  Eligibility. 
of  President  shall  be  eligible  to  that  of  Vice-President  of 
the  Confederate  States. 

6.  The  Congress  may  determine  the  time  of   choosing  Timpofrhoos- 
the  electors,  and  the  day  on  which  they  shall  give  their  '°2*^'^'"^^- 
\'otcs ;  which  day  shall  be  the  same   throughout  the  Con- 
federate States. 

7.  No  person,  except  a  natural  born  citizen  of  the  Con-  Qualifications  of 

o  •    •  ^  n  1  rii'si'lent. 

federate  States,  or  a  citizen  thereof  at  the  time  of  the 
adoption  of  this  Constitution,  or  a  citizen  thereof,  born  in 
the  United  States  prior  to  the  20th  of  December,  1860, 
shall  be  eligible  to  the  office  of  President ;  neither  shall 
any  person  be  eligible  to  that  office  who  shall  not  have 
attained  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  limits  of  the  Confederate  States, 
as  they  may  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from   office,  rvemovai.deati., 
or  of  his  death,  resignation,  or  inability  to  discharge  the  ident. 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 

on  the  Vice-President ;  and  the  Congress  may,  by  law, 
provide  for  the  case  of  removal,  death,  resignation,  or 
inability  both  of  the  President  and  Vice-President,  declar- 
ing what  officer  shall  then  act  as  Presi<lent,  and  such  officer 
shall  act  accordingly  until  the  disability  be  removed  or  a 
President  shall  be  elected. 

J>.  The  President  shall,  at  stated  times,  receive  for  his  compensation, 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  Inive 
been  elected  ;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  Confederate  States,  or  any 
of  them. 


22 


State  Convention. 


[June, 


10.  Hoforc  he  enters  on  the  execution  of  his  office,  he 
hhall  t«kc  the  following  oath  or  afliruiation  : 
oaik  iwi«in>d  **I  do  Holemnly  swear  (or  affirm)  tliat  I  will  l';iithfully 
execute  the  oflScc  of  the  Trcsident  of  the  Confederate 
States,  and  will  to  the  best  of  my  ability,  preserve,  protect, 
and  defend  the  Constitution  thereof.' 

SECTION   II. 


PrMMrllt  Vr 
rrmaTkl  (luui 


1.  The  rrcpideiit  sliall  he  cninmaiMk-r-in-ehict'  of  the 
army  and  navy  of  the  Confederate  States,  and  of  the 
militia  of  the  several  States,  when  called  into  the  actual 
service  of  the  Confederate  States  ;  he  may  rc(iuirc  the 
opinion,  in  writing,  of  tlie  principal  officer  in  each  of  tlie 
Executive  Departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices ;  and  he  shall  have  power 
to  grant  reprieves  and  pardons  for  offences  against  the 
Confederate  States,  except  in  cases  of  impeachment. 

2.  lie  shall  have  power,  by  and  with  the  advice  and 
"  consent  of  the  Senate,  to  make  treaties,  provided  two- 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, shall  appoint  ambassadors,  other  public  ministers  and 
consuls,  Juilgc'S  of  the  Supreme  Court,  and  all  other 
officers  of  the  Confederate  States,  whoso  appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law  ;  but  the  Congress  may,  by  law,  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law  or  in  the  heads 
of  Departments. 

JJ.  The  principal  officer  in  each  of  the  Executive  Depart- 
ments, and  all  persons  connected  with  the  diplomatic  ser- 
vice, may  be  removed  from  office  at  the  pleasure  of  the 
President.  All  other  civil  officers  of  the  Executive  Depart- 
ment may  be  removed  at  any  time  by  the  President,  or 
other  appointing  power,  when  their  services  are  unneces- 
sary, or  for  dirthonesty,  incapacity,  inefficiency,  misconduct, 
or  neglect  of  duty  ;    an<l   when   so  removed,  the  removal 


18G1.]  State  Convention.  28 

shall  be  reported  to  the  Senate,  together  with  the  reasons 
therefor. 

4.  The  President  shall   have  power  to  fill  all  vacancies  vacanciea. 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session;    but  no  person  rejected  by  the  Senate  shall   be 
re-appointed  to  the  same  office  during  their  ensuing  recess. 

SECTION   III. 

1.  The  President  shall,  from  time  to  time,  ffive  to  the  Duties  of  Presi- 

'  '  '^  .lent. 

Congress  information  of  the  state  of  the  Confederacy, 
and  recommend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient ;  he  may,  on  extra- 
ordinary occasions,  convene  both  houses,  or  either  of  them  ; 
and  in  case  of  disagreement  between  them,  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper  ;  he  shall  receive  ambassadors 
and  other  public  ministers;  he  shall  take  care  that  the 
laws  be  faithfully  executed,  and  shall  commission  all  the 
officers  of  the  Confcdertite  States. 

SECTION   IV. 

1.  The  President,  Vice-President,  and  all  civil  officers  PuDisinnerit  of 

'  liigli  otlii-era  fur 

of  the  Confederate  States,  shall  be  removed  from  office  on  forireasou, 

bribery,  Ac. 

inn)eachment  for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

section  I. 

1.  The  judicial  power  of  tlie  Confederate  States  shall  be  riif  .Jmiiriary. 
vested  in  one  Supreme  Court,  and  in  such  Inferior  Courts 
as  tlic  Congress  may  from  time  to  time  ordain   and  estab- 
lish.   The  judges,  lioth  of  the  Supreme  and  Inferior  Courts,  • 
shall  hold  their  offices  during  good  jjehavior,  and  shall,  at 


24  State  Convention.  [June, 

stated  times,  receive  for  their  services  a  compensation, 
.  '  ■  li  shall  not  be  diminished  during'  their  continuiince  in 


section  II. 

jo4kiiii|..«n«  1.  The  judicial  power  shall  extend  to  all  eases  arising 
under  this  Constitution,  the  laws  of  the  Confederate  States, 
and  treaties  made  or  which  shall  be  made  under  their 
authority ;  to  all  cases  affecting  ambassadors,  (ither  public 
•  luinistcrs  and  consuls  ;  to  all  cases  of  admiralty  and  mari- 
time jurisdiction;  to  controversies  to  which  the  Confed- 
erate States  shall  be  a  party ;  to  controversies  between 
two  or  more  States  ;  between  a  State  and  citizen  of  an- 
other State  where  the  State  is  plaintiff;  between  citizens 
claiming  lands  under  grants  of  diflcrent  States;  and  between 
a  State  or  the  citizens  thereof,  and  foreign  States,  citizens 
or  subjects;  but  no  State  shall  be  sued  by  a  citizcii  or 
subject  of  any  foreign  State. 

I'uwwii oi Pu-  2  In  all  cases  affectinti;  ambassadors,  other  liultlic  niin- 
isters,  aild  consuls,  and  those  in  wliich  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations  as  the 
('ongress  shall  make. 

iri»i(f  rruii.-.  ;^.  1'lie  trial  of  all  crimes,  except  in  cases  of  imi)ea('h- 
nient,  shall  be  by  jury,  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed ; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  jjlace  or  plac<'>^  ris  the  Congress  may  by  law  have 
directed. 

section   III. 

"^"'•'"  1.  Treason  agaiusi  ilu-  Confederate   States  shall  consist 

only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  :uct  or  on  confession  in  open  court. 


^ 


1861.]  State  ConventioiJ.  25 

2.  The  Congress  shall  have  power  to  declare  the  punish-  runishmcin. 
ment  of  treason,  but  no  attainder  of   treason  shall   work 
corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 

ARTICLE  IV. 

SECTION   I.  I 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  state  leiatious. 
the  public  acts,  records  and  judicial  proceedings  of  every 
other  State.      And  the  Congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts,  records  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

SECTION   II. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the  Rights  of  dti- 
})rivileges  and  immunities  of  citizens  in  the  several  States, 

and  shall  have  the  right  of  transit  and  sojourn  in  any 
State  of  this  Confederacy,  with  their  slaves  and  other 
property ;  and  the  right  of  property  in  said  slaves  shall 
not  be  thereby  impaired. 

2.  A  person  charged  in  any  State  with  treason,  felony,  criminaij. 
or  other  crime  against  the  laws  of  such  a  State,  who  shall 

flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  Executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State 
having  jurisdiction  of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  FuRUives  from 
any  State  or  territory  of  the  Confederate  States  under  the 

laws  thereof,  escaping  or  lawfully  carried  into  another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor  ;  but  shall  be  deliv- 
ered up  on  claim  of  the  party  to  whom  such  slave  belongs, 
or  to  whom  such  service  or  labor  may  be  due. 
4 


tlt>.r\ 


•j6  State  Convention.  [Juno, 

SECTION    III. 

1.  Other  States  may  bo  admitted  into  this  Confodcracy 
hy  x  vote  of  two-thirds  of  the  whole  House  of  Ropresen- 
tatirex,  and  two-thirds  of  tlie  Senate,  the  Senate  voting  by 
States ;  but  no  new  State  shall  be  forniod  or  erected 
within  the  jurisdiction  of  any  other  State  :  nor  any  State 
bo  formed  by  the  junction  of  two  or  more  States,  or  parts 
of  States,  without  the  consent  of  the  Legislatures  of  the 
States  eoncorned  as  well  as  of  the  Congress. 
erform.  2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  concerning  the  property 
of  the  Confe<lorate  States,  including  the  lands  thereof. 
An^niMOc^ior  3.  Thc  Confcderatc  Statcs  may  acquire  new  territory; 
and  Congress  shall  have  power  to  legislate  and  provide 
govornmenis  for  the  inhabitants  of  all  territory  belonging 
to  the  Confederate  States,  lying  without  the  limits  of  the 
several  States  ;  and  may  permit  them,  at  such  times,  and 
in  such  manner  as  it  may  by  law  provide,  to  form  States 
to  be  admitted  into  the  Confederacy.  In  all  such  territory, 
the  institution  of  negro  slavery  as  it  now  exists  in  the  Con. 
fwlerate  States,  shall  be  recognized  and  protected  by  Con- 
gress, :iiid  by  the  territorial  government:  and  the  inhabi- 
tants of  the  several  Confederate  States  and  territories, 
shall  have  the  right  to  take  to  such  territory  any  slaves 
lawfully  liebl  by  them  in  any  of  tlic  Statos  or  tfi-ritorios 
of  the  Confederate  States. 

4.  The  Confotlerate  States  shall  guaranty  to  every  Stato 
that  now  is  or  hereafter  may  become  a  member  of  this 
Confederacy,  a  Kopubliean  form  of  government,  and  shall 
pr<»tect  eaeh  of  them  against  invasion  ;  and  on  application 
of  the  Legislature  (or  of  the  Executive  when  the  Logisla- 
lure  is  not  in  session)  against  domestic  violence. 

AKTICLE  V. 

SECTION    I. 

,f        \.  Upon  the  demand  of  any  three  States,  legally  assera- 
bloil  in  their  several  conventions,  the  Congress  shall  sum- 


■II IW  KIM*- 


1861.]  State  Convention.  27 

mon  a  convention  of  all  the  States,  to  take  into  considera- 
tion such  amendments  to  the  Constitution  as  the  said  States 
shall  concur  in  suggesting  at  the  time  when  the  said 
demand  is  made ;  and  should  any  of  the  proposed  amend- 
ments to  the  Constitution  be  agreed  on  by  the  said  conven- 
tion— voting  by  States — and  the  same  be  ratified  by  the 
legislatures  of  two-thirds  of  the  several  States,  or  by  con- 
ventions in  two-thirds  thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  by  the  general  con- 
vention— they  shall  from  thenceforward  form  a  part  of  this 
constitution.  But  no  State  shall,  without  its  consent,-  be 
deprived  of  its  equal  representation  in  the  Senate. 

ARTICLE  VI. 


mnneDt 
Trovif. 


1.  The  Government  established  by  this  Constitution  is  '^',',',^  ,'J,*y 
the  successor  of  the  Provisional  Government  of  the  Con-  '^"n",  "'"^"° 
federate  States  of  America,  and  all  the  laws  passed  by  the 

latter  shall  continue  in  force  until  the  same  shall  be  re- 
pealed or  modified ;  and  all  the  officers  appointed  by  the 
same  shall  remain  in  office  until  their  successors  are  ap- 
pointed and  qualified,  or  the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into  I'ct't- 
before  the  adoption  of  this  Constitution   shall  be  as  valid 
against  the  Confederate  States  under  this  Constitution  as 
under  the  Provisional  Government. 

3.  This  Constitution,  and   the  laws  of  the  Confederate  suprcmo  uw. 
States,  made  in  pursuance  thereof,  and  all  treaties  made,  or 

which  shall  be  made  under  the  authority  of  the  Confederate 
States,  shall  be  the  supreme  law  of  the  land  ;  and  the 
judges  in  every  State  shall  be  bound  thereby,  anything  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding.' 

4.  The  Senators  and  Representatives  before  mentioned,  oath  to  gurron 

*  thp  conotitulion 

and  the  members  of  the  several  State  Legislatures,  and  all  required, 
executive  and  judicial  officers,  both  of  the  Confederate 
States,  and  of  the  several  States,  shall  be  bound  by  oath 
or  affirmation,  to  support  this  constitution  ;  but  no  religieus 
test  shall  ever  be  required  as  a  (jualifieation  to  any  office 
or  puMio  trust  under  the  Confederate  States. 


a#tk»IWw 


2ft  State  Convention.  [Jiine, 

5.  The  enumeration,  in  the  Constitution,  of  certain 
riphts,  HhslI  not  he  construed  to  deny  or  disparage  others 
retained  hy  the  people  of  the  several  States. 
fteku  6.  The  powers  not  delegated  to  the  Confederate  States 
hy  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  Stateti,  respectively,  or  to  the  people 
thereof. 

ARTICLE  VII. 

(•uw-M^i  r.11  1.  The  ratification  of  the  convention  of  five  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

i..,.wM  i-r.^  2.  When  five  States  shall  have  ratified  this  Constitution, 
in  the  manner  before  specified,  the  Congress  un<lor  the 
Provisional  Constitution,  shall  prescribe  the  time  for  hold- 
ing the  election  of  President  and  Vice-President ;  and,  for 
the  meeting  of  the  Electorial  College ;  and,  for  counting 
the  votes,  and  inaugurating  the  President.  They  shall, 
also,  prescribe  the  time  for  holding  the  first  election  for 
members  of  Congress  under  this  Constitution,  and  the  time 
for  assembling  the  same.  Until  the  assembling  of  such 
Congress,  the  Congress  under  the  Provisional  Constitution 
shall  continue  to  exercise  the  legislative  poAvers  granted 
them;  not  extending  beyond  the  time  limited  by  the  Con- 
stitution of  the  Provisional  Government.  [Ratified  the\Qth 
(lay  of  Jmir,  18G1.] 


[No.  l:i.j  RESOLI'TTONS  CALLING  UPON  COMPTROLLER 
FOR  STATEMENT  OF  TAXES  FOR  THE  FIVE 
YEARS  PRECEDING  JANUARY,  1860. 


nrnt  nxialrvd. 


luKolvcd,  That  the  Comptroller  be  directed  to  lay  be- 
fore this  Convention  a  tabular  statement  exhibiting  the 
Public  taxes  paid  into  the  Treasury  of  the  State  from  each 
county,  for  the  five  years  preceding  the  1st  day  of  January, 
1860,  distinguishing  the  several  subjects  from  which  such 
taxes  were  derived,  and  the  amounts  received  from  each 
subject  respectively,  in  each  successive  year. 


1861.]  State  Convention.  29 

Resolved,  That  the  Comptroller  be  and  he  is  hereby 
authorized  to  employ  such  additional  clerical  force  as  may 
be  necessary  to  enable  him  to  furnish  the  foregoing  infor- 
mation at  an  early  period.  \_Ratijicd  the  20th  day  of  June, 
1861.] 


AN  ORDINANCE  TROVIDING  FOR  COMPENSA-  [No.  13.] 

TION  TO  SHERIFFS  FOR  HOLDING  ELECTIONS 
•  FOR  DELEGATES  TO  THIS  CONVENTION. 

Be  it  ordained,  <fc.,    That  the  Sheriffs  of  the  several  compens»tion 

1  •       c<  -11  11,,,  1    <«  Sheriffs. 

counties  in  this  State  are  entitled  to,  and  hereby  allowed 
the  same  compensation  for  holding  the  late  elections  for 
delegates  to  tliis  Convention  as  they  are  now  alloAved  by 
law  for  holding  elections  for  members  of  the  General  As- 
sembly, and  the  Treasurer  be,  and  he  is  hereby  directed  to 
allow  the  same  to  the  Sheriffs  in  the  settlement'  of  their 
accounts.     [Ratified  the  20th  day  of  June,  1861.] 


AN  ORDINANCE  TO  AMEND   THE  4th  SECTION  [No.  14.] 
OF  THE  4tii  ARTICLE  OF  THE  AMENDMENTS 
TO  THE  CONSTITUTION. 

Be  it  ordained  by  this  Convention  of  the  people,  and  it  insoru  "con- 

federate"  in 

is  hereby  ordained  by  the  authority  of  the  same.  That  the  '''^»  "f  *hM 

r  1  ■  PiPi  •  "United"  Statci 

fourth  section  of  the  fourth  article  of  the  amendments  to 
the  Constitution,  proposed  and  ratified  in  the  year  eighteen 
hundred  and  thirty-five,  be  amended  by  striking  out  the 
word  United  and  inserting  in  lieu  thereof  the  word  Con- 
federate before  the  word  States.  [Ratified  the  20th  day 
of  June,  1861.] 


30  State  Convention.  [June, 

[No.  15.1  RESOLUTION  TOUCHING   THE   COMPENSATION 
OK  THE  PRINTERS  JO  THIS  CONVENTION. 

rujihtmmtmt      Rrsohvd^  That  the  Secretary  of   State  be   and  he  is 

i.tiiUT  hereby  directed  to  make  settlement  with  the  Printers  to 

this  Convention  under  the  same  laws  and  regulations  as 

govern  his  settlements  with  the  l>tate  Printer.     [Ratified 

the  20th  dai/ of  Juncy  1SG1.;\ 


fXn.  l»;.l  AN    OliDlNANCE   TO    RATIFY    THE    CONSTITU- 
TION  OF   THE   PROVISIONAL    GOVERNMENT 
*    OF  THE  CONFEDERATE  STATES  OF  AMERICA. 


lUUAral 


HV,  the  people  of  North  Carolina^  in  Convention  asseju- 
ttlcd,  do  declare  and  o)'dain,  a)id  it  is  hereby  declared  and 
ordained.  That  the  State  of  North  Carolina  does  hereby 
jussent  to,  and  ratify  the  Constitution  for  the  Provisional 
Government  of  the  Confederate  States  of  America,  adopted 
at  Montgomery,  in  the  State  of  Alabama,  on  the  8th  day 
of  February,  A.  D.,  1861,  by  the  Convention  of  Delegates 
from  the  States  of  South  Carolina,  Georgia,  Florida,  Ala- 
bama, Mississippi  and  Louisiana,  and  that  North  Carolina 
will  enter  into  the  federal  association  of  the  States  upon  the 
terms  therein  proposed  when  admitted  by  the  Congress  or 
any  competent  authority  of  the  Confederate  States. 

Done  at  Raleigh,  the  twentieth  day  of  May,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  sixty-one. 
[liatified  the  20th  day  of  June,  1861.] 


[No.   17.)    \     RESOLUTION    To    RAISE    AN    ADDITIONAL 
liATTALION  OF  CAVALRY. 

nr»r.u>*r  Resolved,  That  in  additional  to  the  Regimont  of  Cavalry 

uwip*  auibor-  I'll 

iw-  at  present  authorized  to  be  forme<l  for  service  during  the 

war,  the  Governor  be  authorized  to  receive  such  other 


1861.]  State  Convention.  31 

companies  as  have  tendered  or  may  hereafter  tender  their 
services  for  the  same  period,  not  exceeding  five  troops  or  a 
half  regiment,  and  that  they  he  officered  in  like  manner  as 
the  said  Regiment  of  Cavalry  herein  referred  to.  {^Rati- 
fied the  21st  day  of  June,  1801.] 


RESOLUTION    TO    FILL    A    VACANCY    IN    THE  [No.  18. J 
CONVENTION, 

Resolved,  That  the  President  of  tliis  Convention  issue  a 
writ  to  the  Sheriff  of  Bladen  county,  instructing  him  to 
hold  an  election  in  said  county  on  the  first  Thursday  in 
August  next,  for  the  purpose  of  electing  a  delegate  to  fill 
a  vacancy  in  this  Convention  caused  hy  the  resignation  of 
T.  D.  INIcDowcll,  Esq.  [B.atified  the  2\st  day  of  June, 
1861.] 


RESOLUTION  AUTHORIZING   THE   RAISING  OF  [No.  19.] 
RECRUITS  FOR  THE  1st  REGIMENT  OF  NORTH 
CAROLINA  VOLUNTEERS. 

Resolved,     That  the  Governor  he,   and  he   is   herehy  Kpcruits  to 
authorized  and  directed  to  receive  into  service,  and  to  arm  u-ng^h  oV* 

I, .         .  f»       1  •    •  rf  a«  ori  ■     ■ 

equip,  on  application  ot    the   recruiting   oihcers   ap-  vat.-!) 

pointed  hy  the  Colonel  of  the  1st  Regiment  of  North  Car- 
olina Volunteers,  all  such  Volunteers  as  the  said  recruiting 
officers  may  ohtain  for  their  respective  companies ;  the 
said  recruits  to  he  received  and  sworn  in  for  the  same 
length  of  time  and  suhject  to  the  same  regulations  as  the 
original  privates  in  the  respective  companies  for  which 
tliey  are  recruited  are  now  bound  for.  [Ratified  the  22nd 
dajf  of  June,  1861.] 


ime 
a«  original  pri- 


32  State  Convextion.  [June, 

[No.  20.]  AN  ORDINANCE  IN  RELATION  TO  A  STATE  FLAG. 

iiMrH|.(k«.  Be  it  ordained  hy  (his  Convention,  and  it  is  hereby  or- 

dained by  the  authority  of  the  same.  That  the  Flag  of 
North  Carolina  shall  consist  of  a  red  field  with  a  Avhitc 
star  in  the  centre,  and  with  the  inscription,  above  the  star, 
in  a  semi-circular  form,  of  '*May  20th,  1775,"  and  below 
the  star,  in  a  semi-circular  form,  "May  20th,  18G1." 
That  there  shall  be  two  bars  of  equal  width,  and  the  length 
of  the  field  phall  be  equal  to  the  bar,  the  width  of  the  field 
being  e<iual  to  both  bars :  the  first  bar  shall  bo  blue,  and 
the  second  be  white;  and  the  length  of  the  Flag  shall  be 
one-third  more  than  its  width,  {^liatified  the  2'2.nd  day  of 
June,  Ibtil.j 


[No.  21.]  RESOLUTION  IN  RELATION  TO  THE  DEPOSIT 
AND  PUBLICATION  OF  THE  ORDINANCES  OF 
THE  CONVENTION. 

IV.  b»  pubiuhH      Resolved,  That  the  Secretary  of  this  Convention  deposit 
i«i>«n.  in  the  office  of  the  Secretary  of  State,  for  safe  keeping,  all 

the  Ordinances  and  Resolutions  passed  by  the  Convention 
having  the  force  and  effect  of  laws  ;  and  the  Secretary  of 
the  State'  shall  cause  the  same  to  be  published  in  three 
newspapers  published  in  the  City  of  Raleigh;  and  he  is 
authorized  to  contract  for  said  publication  at  reasonable 
rates;  the  expense  thereof  shall  be  paid  as  other  public 
printing ;  and  it  shall  be  sufficient  for  him  to  furnish  one 
certified  copy  only  (for  which  he  shall  be  paid  the  same 
fee  as  for  certifying  the  acts  of  the  General  Assembly,) 
to  one  of  the  newspapers,  and  a  printed  copy  to  the  others. 
[liatifiedthe  '24th  day  of  June,  1801.J 


[No.  22.)  AN  ORDINANCE  IN   RELATION   TO  TAXATION. 

AD««U3rj  Skction   1.   Jie  it  ordained,  That  the   third  section  of 

the  fourtli  article  of  the  amendmetits  of  the   Constitutipn 
\>r  :ind  th<'  same  is  hereby  annulled. 


1861.]  State  Convention.  83 

Sec.  2.  Be  it  further  ordained.  That  all  free  males  over  sub.iocts  of 

Capitation  tax. 

the  age  of  twenty-one  years  and  under  the  age  of  forty- 
five  years,  shall  be  subject  to  a  capitation  tax,  not  less 
than  the  tax  laid  on  land  of  the  value  of  three  hundred 
dollars,  and  no  other  free  person  nor  slave  shall  be  liable 
to  such  taxation  ;    and  also  land  and  slaves  shall  be  taxed  subjects  or 

AdTnloreui  tar. 

according  to  their  value,  and  the  tax  on  slaves  shall  be  as 
much  but  not  more  than  that  on  land  according  to  their 
respective  values ;  but  the  tax  on  slaves  may  be  laid  on 
their  general  average  value  in  the  State,  or  on  their  value 
in  classes  in  respect  to  age,  sex,  and  other  distinctive  pro- 
perties, in  the  discretion  of  the  General  Assembly,  and 
the  value  be  assessed  in  such  modes  as  may  be  prescribed 
by  law :  Proxnded.\  That  nothing  herein  contained  shall 
prevent  tlie  exemption  from  taxation  of  soldiers  in  the 
public  service,  or  of  free  males  or  slaves,  in  cases  of  bodily 
or  mental  infirmity,  or  of  such  real  estate  as  hath  hitherto 
been  exempted  by  law.  [Ratified  the  25fh  day  of  June, 
1861.] 


AN  ORDINANCE   TO    PROVIDE   FOR  THE  PAY-  [No.  23.] 
MENT   OF  THE    MILITIA   WHILE   IN   ACTIVE 
SERVICE. 

Be  it  ordained  hy  the  Delegates  of  the  jjeople  in   Con.  Pay  the  «»nie  as 

777  f      •         ■  7  7  7-77  7  7  tllBt  of  TOlUD- 

vention  assembled,  and  it  is  hereby  ordained  by  the  author-  toers. 
ity  of  the  same,  That  the  Militia  who  have  been  or  may  be 
called  into  the  service  of  the  State  by  the  Governor,  shall, 
while  in  actual  service,  receive  the  pay  allowed  by  law  to 
volunteers.     [Ratified  the  IQth  day  of  June,  1861.] 


RESOLUTION  IN  FAVOR  OF  THE  DOORKEEPERS.  [No.  24.] 

Resolved,  That  the  Public  Treasurer  be  and  he  is  author-  p»y»f5oe«ch 
ized  to  pay  the  Principal    and   Assistant  Doorkeepers  of 
this  Convention  the  sum   of  fifty  dollars  each,   as  extra 
compensation  for  the,  hire  of  servants.     ^Ratified  the  26//* 
day  of  June,  1861.] 
5 


'M  State  Coxvkntiox.  [Juie, 

[So.  i:u.j  RESOLUTION  ArTIlORIZING  THE  PRESIDENT 
TO  ISSUE  WRITS  OF  ELECTION  TO  FILL 
VACANCIES. 

pp»m  «<wiMT»i  licMolvedy  That  the  Preisdcnt  of  tliis  Convention,  or  in 
case  of  his  death,  and  one  of  the  five  delegates  authorized 
in  tlint  event  to  call  a  session  of  the  Convention,  be,  and 
he  is  hereby  authorized  and  empowered,  during  the  recess 
thereof,  to  receive  the  resignation  of  delegates,  and  to 
issue  writs  of  election  to  supply  vacancies  thus  created  in 
such  manner  and  at  such  times  as  to  him  shall  seqm  meet ; 
and  in  like  manner  to  issue  writs  of  elections  in  case  of 
the  death  of  any  member  of  the  Convention,  in  the  recess, 
the  Sheriff  of  the  County  certifying  the  deatli  of  the 
member.     [liatijied  titr  2Gth  day  of  June,  18(U.] 


[No.  2G.J  RESOLUTION  ASKING  INFORMATION  FROM  THE 

COVEKNOR. 

laknMtiMio  Resolved,  That  the  Governor  be  requested  to  communi- 
M»~»ui«.-nt»  cate'to  the  Convention,  at  as  early  a  day  as  practicable,  a 
list  of  the  appointments  to  office  made  by  him  since  the 
third  Monday  of  November,  1860;  whether  by  and  with 
the  advice  and  consent  of  the  Military  Board  or  otherwise; 
the  dates  of  such  appointments,  and  under  what  laws  made  : 
the  manner,  pay  and  rank  of  each  officer,  and  also  what 
appointments  it  will  oe  incumbent  on  the  Executive  to  make 
under  laws  of  the  General  Asseml)ly  passed  at  the  last 
regular  and  special  session. 

Jtmulri'd,  That  if  necessary,  the  Governor  may  employ 
such  additional  clerical  force  as  may  be  necessary  to  fur- 
nisli  saiil  information.  [Hatifi,'d  the  20///  dnif  of  June, 
IHlil.J 


•(.U<lt>sJ 


1861.]  State  Convention.  3ft 

RESOLUTION  EXEMPTING  VOLUNTEERS  FROM  [No.  27.] 
PAYING   POLL  TAX. 

Resolved.   That  the  Volunteers  and  State  troops  ten-  Kxemptsaii 

,  .  who  enlisted 

(lered,  accented  and  employed  m  the  public  service,  at  aiiv  prior  to  isth 

'  ^  _  ,  "     August,  1861. 

time  prior  to  the  15th  August,  1861,  shall  be  exempt  from 
the  payment  of  free  poll  taxes  for  which  they  are  now 
responsible,  and  shall  not  be  compelled  to  list  a  taxable 
free  white  poll  for  this  year ;  and  the  Sheriffs  shall  be 
allowed  the  amount  of  such  exemptions  in  the  settlement 
of  their  respective  public  accounts,  by  filing  with  the  Clerk 
of  the  County  Court  a  list,  under  oath,  of  the  names  of 
such  volunteers  and  State  troops,  and  it  shall  be  the  duty 
of  the  clerks  of  the  several  County  Courts  to  certify  to 
the  Comptroller,  under  their  seal  of  office,  the  list  of  polls 
so  filed  with  them.     [Ratified  the  26th  day  of  June ^  1861.] 


RESOLUTION    TO   RESCIND  A  RESOLUTION   IN  [No.  28.] 
REGARD  TO  ADJOURNMENT. 

Resolved,  That  the  resolution  heretofore  passed,  provid- 
ing for  a  recess  of  this  Convention  this  evening  at  7  o'clock, 
be,  and  the  same  is  hereby  rescinded,  and  that  this  Con- 
vention will  adjourn  on  Friday  next  at  2  o'clock,  P.  M., 
and  will  meet  again  on  the  8rd  Monday  in  November  next, 
unless  sooner  convened  by  the  President,  or  by  Thomas 
Ruffin,  of  Alamance ;  William  A.  Graham,  of  Orange ; 
Bedford  Brown,  of  Caswell ;  James  W.  Osborne,  of  Meck- 
lenburg;  and  Asa  Biggs,  of  Martin;  members  of  the  Con 
vcntion,  or  any  three  of  them,  in  case  of  his  death. 
[Ratified  the  "l^th  day  of  June ^  1861.] 


36 


State  Convention. 


[June, 


[No.  2n.] 


AN  ORDINANCE  TO  CEDE  TO  THE  CONFEDE- 
RATE STATES,  THE  PROrERTY  IN  AND 
JURISDICTION  OYER  THE  FORTS,  LIGHT 
HOUSES,  BEACONS,  MARINE  HOSPITALS  AND 
MINT  IN  NORTH  CAROLINA. 


(>)d<f  jartKdtr- 
Uon  ovrr  th« 
raal  acUtr. 


(^rtnU  other 
property. 


.Iiiriii'llrUon 
)CniiiU-<1. 


RrtfrVatioD. 


Section  1.  Be  it  ordaim'd  hj  the  Deki/ateif  of  the  people 
of  North  Carolina,  in  Convention  asssembled,  That  the 
property  in  all  tracts  or  parcels  of  land,  lately  held  by  the 
United  States  within  tlie  limits  of  North  Carolina,  on 
which  were  erected  any  fortification,  light  houses,  beacons, 
or  marine  hospitals,  and  also  the  lot  in  the  town  of  Charlotte, 
in  the  county  of  Mecklenburg,  on  which  is  situated  the 
buildings  of  the  Mint,  be  and  the  same  are  hereby  granted 
to,  and  vested  in  the  Confederate  States  of  America,  for 
the  like  objects,  uses,  and  purposes,  for  which  they  were 
formerly  held"  by  the  said  United  States,  to  have  and  to 
hold  the  same  to  the  said  Confederate  States  so  long  as 
they  shall  severally  be  devoted  and  applied  to  such  objects, 
uses  and  purposes,  and  no  longer. 

Sec.  2.  Be  it  further  ordained  by  the  authority  afore- 
mid,  That  all  armaments,  furniture  and  machinery  at  or 
in  any  of  such  fortifications,  light  houses,  beacons,  marine 
hospitals,  or  mint,  are  hereby  granted  to,  and  vested  in  the 
said  Confederate  States,  for  the  objects,  uses,  and  upon  the 
conditions  aforesaid. 

Sec.  3.  Be  it  further  ordained,  That  the  jurisdiction  of 
the  State  of  North  Carolina,  over  each  and  all  of  said 
tracts  or  parcels  of  land,  and  the  buildings  situate  thereon, 
is  hereby  graiitcd  to  the  said  Confederate  States  of  America, 
excepiiig  and  reserving  to  this  State  the  power  to  execute 
within,  and  upon  the  same,  civil  process  in  all  cases,  and 
buch  criminal  process  as  may  issue  under  her  authority 
against  persons  charged  with  offences  committed  without 
the  limits  of  said  tracts  or  parcels  of  land ;  such  jurisdic- 
tion to  be  retained  by^the  said  Confederate  States,  so  long 
as  the  said  tracts  or  parcels  of  land  shall  be  used  for  the 
purposes  hereinbefore  expressed,  and  no  longer.  [Ratified 
the  27th  day  of  June,  1861.] 


1861.]  State  Convention.  37 

AN  ORDINANCE  TO  TROVIDE  FOR  THE  DIS-  [No.  30.] 
POSITION  OF  THE  STATE  TROOPS  AND 
VOLUNTEERS  RAISED  UNDER  THE  ACTS  OF 
THE  GENERAL  ASSEMBLY,  RESPECTIVELY, 
ENTITLED,  "  AN  ACT  TO  RAISE  TEN  THOU- 
SAND STATE  TROOPS,"  RATIFIED  THE  8th 
DAY  OF  MAY,  AND  "AN  ACT  TO  PROVIDE 
FOR  THE  PUBLIC  DEFENCE,"  RATIFIED  THE 
10th  DAY  OF  MAY,  1861,  AND  FOR  OTHER 
PURPOSES.    • 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  TraDsfer*  stats 

,  .  •^  "^  /  /       t^  troops  to  the 

Carolina  m  Convention  assembled.    That  the  State  troops  confedwate 

»  '^     states. 

levied  under  the  act  of  the  General  Assembly,  first  afore- 
said, Avhich  have  been  formed  into  regiments,  with  proper 
complements  of  officers  and  men,  be,  and  the  same  arc 
hereby  transferred,  by  regiments,  to  the  •Confederate 
States  of  America,  upon  the  same  terms  and  conditions  as 
if  they  had  been  raised  under  the  authority  of  the  said 
Confederate  States. 

2.  Be  it  further  ordained  by  the   authority   aforesaid,  Recruiting  for 

rni  ni-  1  ••  /»  'i  •  i  State  troops  to 

Ihat  all  levying  ana  recruiting  oi  troops  under  said  act  cease  August 
shall  cease  and  determine  from  and  after  the  20th  day  of 
August  next ;  and  that  all  troops  which  shall  have  been 
raised  under  said  act  prior  to  that  day,  shall  be  organized 
into  regiments  and  transferred  to  the  Confederate  States 
in  the  manner  and  upon  the  terms  and  conditions  aforesaid. 
And  if  there  shall  be  an  excess  in  the  number  of  said 
troops,  sufficient  to  form  a  battalion,  companies  or  company, 
such  excess  may  be  organized  according  to  its  appropriate 
numbers,  and  transferred  in  like  manner. 

3.  Be  it  further  ordained,     That  all  appointments  of  commiwions  of 

ai  ^  ■  ^  •!  -iT'i  officers  not  in 

opicers  under  said  act,  either  in  the  line  or  in  the  staff,  service  to  ce«»e 

'  .  '   August  20th. 

over  and  above  the  number  appropriate  to  and  required  by 
the  regiments,  battalions  and  companies  thus  organized, 
shall  cease  and  be  vacated  on  the  said  20th  day  of  August 
next ;  and  that  His  Excellency,  the  Governor,  may,  in  his 
discretion,  order  any^  Quartermaster,  Commissary  or  Med- 


38 


State  Convention. 


[June, 


OfllMM  In  Bcr- 
tJc#  to  he 


TranKferof 
NbvbI  forces 
and  Te58t'ls. 


Authorizes  the 
(lifirharKC  of  all 
Tohinleers 
nnli8t4><\oTor«ix 
regime  u  til. 


I'rovlso. 


ical  stores,  owned  by  the  State,  and  not  required  for  im- 
mediate use,  to  be  'turned  over  to  the  said  Confederate 
States  upon  proper  receipts  for  the  articles  thus  delivered, 
to  be  taken  by  the  officers  accountable  for  the  same. 

4.  Be  it  further  ordained,  That  all  commissions  to  offi- 
cers in  the  aforesaid  State  troops,  issued  by  the  Governor 
and  jMilitary  Board,  under  the  authority  of  the  act  of  the 
General  Assembly  to  create  a  Military  Board,  ratified  the 
10th  day  of  May,  1861,  who  shall  remain  in  service  after  the 
20th  day  of  August  next,  as  aforesaid,  are  hereby  ratified 
and  confirmed,  notwithstanding  any  provision  in  the  Con- 
stitution of  the  State  for  a  different  mode  of  appointment. 

5.  Be  it  further  ordained,  That  the  naval  forces  and 
vessels  of  the  State  be  transferred  to  the  Confederate 
States,  upon  the  same  terms  and  conditions  that  are  pro- 
vided as  to  State  troops,  in  the  second  section  of  this  ordi- 
nance, the  said  vessels  to  be  paid  for  or  accounted  for  upon 
terms  to  be  agreed  upon  by  the  Governor  wath  the  Confed- 
erate States  ;  and  that  after  the  20th  day  of  August  next, 
all  naval  officers  of  this  State  shall  be  discharged,  and  all 
vessels  of  the  navy  not  accepted  by  the  Confederate  States, 
shall  be  sold  under  the  direction  of  the  Governor.  And 
whereas,  the  President  of  the  Confederate  States,  through 
a  communication  from  the  Secretary  of  War,  has  informed 
this  Convention  that  he  will  accept  from  this  State  into  the 
service  of  the  Confederate  States,  two  thousand  volunteers 
for  twelve  months,  in  addition  to  the  four  regiments  already 
in  service,  and  cannot  accept  any  greater  number  of  vol- 
unteers for  twelve  months  : 

6.  Be  it  therefore  ordained  by  the  authority  aforesaid, 
That  all  volunteers  who  have  been  called  out  by  the  order 
of  the  Governor  for  twelve  months,  over  and  above  the 
four  regiments  aforesaid  and  two  thousand  men,  to  be  des- 
ignated by  the  Governor,  and  tendered  to  the  President  for 
service  as  aforesaid,  shall  be  discharged  on  the  20th  of 
August  next :  Provided,  That  any  of  said  volunteers  who 
shall  signify  their  desire  to  enlist  in  the  State  troops  afore- 
said or  in  any  corps  that  may  be  called  for  by  the  Presi- 


1861.]  State  Convention.  39 

dent  in  the  mean  time,  shall  be  discharged  forthwith,  to  the 
end  that  they  may  enter  such  new  service  ;  and  Provided 
further,  That  the  Governor  shall  again  tender  such  volun- 
teers by  regiments  to  the  President  of  the  Confederate 
States,  and  if  the  President  shall  agree  to  accept  them  or 
any  part  of  them,  by,  or  before  the  20th  day  of  August 
next,  it  shall  be  the  duty  of  the  Governor  to  order  them, 
or  as  many  of  them  as  the  President  shall  accept,  into  the 
service  of  the  Confederate  States,  and  discharge  only  the 
residue :  Provided,  further,  That  any  volunteers  dis- 
charged as  aforesaid,  shall,  in  addition  to  their  pay,  be 
allowed  reasonable  expenses  for  traveling  to  their  several 
homes ;  and  Provided  further,  That  the  Governor  may 
order  out  the  Militia  as  volunteers  or  otherwise,  in  case  of 
invasion  or  imminent  danger  thereof. 

7.  Be  it  further  ordained,  That   all  provisions  of  the  Repo»isaotof 
aforesaid  acts  of  the  Assembly,  authorizing  the  raising  of  biy. 

a  greater  number  of  men,  or  of  a  diflferent  species  of  force 
than  is  hereinbefore  comprehended,  or  as  are  otherwise 
inconsistent  with  this  ordinance,  are  hereby  repealed  and 
declared  of  no  eifcct. 

8.  Be  it  further  ordained,  That  the  act  of  the  General  Act  creating 
Assembly  entitled   "An  act  to  create  a  Military  Board,"  rel.eukd.  "^^' 
be,  and  the  same  is  hereby'  repealed  from  and  after  the 

20th  day  of  August  next :  Provided,  That  the  office  of 
Military  Secretary  shall  be  continued  until  the  20th  day  of 
September  next,  for  the  purpose  of  settling  the  military 
accounts. 

9.  Be  it  further  ordained,  That  no  oath  shall  be  required  Nonnth  to  bp 
to  be  taken  by  the  officers  or  soldiers  of  any  of  the  forces  diorp'osceV" 
aforesaid,  except  the  oath  of  allegiance  to  the  State  of  aupetoN.o. 
North  Carolina,  prior  to  their  being  mustered  into  the 
service  of  the  Confederate  States;  but  each  man  shall  be 

lield  and  deemed  to  be  in  the  military  service  and  subject 
to  the  rules  and  articles  of  war  of  the  Confederate  States 
from  the  time  of  his  signing  the  articles  of  enlistment. 

10.  Be  it  further  ordained.  That  it  shall  be  the  duty  of 
the  Governor  to  take  immediate  measures,  and  issue  the 


40  State  Convention.  [June, 

necessary  onlers  to  carry  into  effect  the  foregoing  pro- 
visionH  of  this  ordinance. 
ftrntmi  Ammm-  H.  Be  it  fxirthtr  ordahicd.  That  this  ordinance  may  be 
»n-^  amended,  ino«lified  or  repealed  by  the  General  Assembly, 
80  far  afl  regards  the  discharge  of  the  twelve  months  vol- 
unteers which  may  not  havo  been  accepted  by  the  govern- 
ment of  the  Confederate  States.  {^Ratified  the  11th  day  of 
June,  18G1.] 


— ■ — .  ?Vi 

[No.  31.]  AN  OHDINANCE  TO  SECURE  TO  CERTAIN 
OFFICERS  AND  SOLDIERS  THE  RTCHT  TO 
VOTE. 

AaUtofir^w.!  SECTION  1.  Bc  it  ovdaini'd  hu  thin  Convent  km  and  it  is 
hvnhy  ordained  by  authority  of  the  same,  That  all  officers 
and  soldiers  in  the  service  of  the  State,  or  of  the  Confed- 
erate States,  who  are  of  the  age  of  twenty-one  years,  and 
who  are  citizens  of  this  State,  or  who,  if  within  the  State, 
shall  be  absent  from  their  respective  counties  at  electioh 
hereafter  to  be  held,  if  the  exigencies  of  the  times  shall 
permit,  shall  be  entitled  to  vote  for  Sheriffs,  Clerks  of  the 
County  and  Superior  Courts,  and  members  of  the  General 
Assembly  for  their  respective  counties ;  and  shall  also  be 
eiititled  to  vote  for  Governor,  Electors  for  Presidont  and 
Vice-President  of  the  Confederate  States,  and  for  mem- 
bers of  the  Confederate  Congress  for  their  respective  dis- 
tricts. 
TkmftMkoia-  Skc.  2.  Be  it  further  ordainnh  That  three  tVce-holders 
•*•»•  <>f  tlie  respective  companies,  under  the  direction  of   the 

commanding  officers  of  the  regiments  to  which  they  belong, 
shall  open  polls  on  Thursday  before  the  day  appointed  for 
holding  elections  in  this  State,  and  said  elections  shall  be 
conducted  in  all  respects  according  to  the  laws  of  this 
State.  The  three  free-holders  aforesaid  shall  prepare  a 
fair  copy  of  the  votes  polled,  and  shall  transmit  the  same 
with  the  list  of  voters  to  the  Sheriffs  of  their  respective 
counties ;  and  where  officers  and  soldiers  in  the  same  com- 


1861.]        State  Convention.  41 

panies  shall  vote  in  different  counties  or  different  Congres- 
sional districts,  the  said  free-holders  shall  specify  accord- 
ingly, and  make  returns  to  the  Sheriffs  of  the  different 
counties  above  referred  to. 

Sec.  3.  Be  it  further  ordained.  That  the  Sheriffs  of  the  sheriffs  allowed 

.  seven  dsys  to 

respective  counties  of  this  State  shall  count  the  votes  of  receive  the  vot*. 

r  .....  ofgoldleri. 

the  said  ofl&cers  and  soldiers,  if  received  within  seven  days 
after  the  elections ;  and  they  shall  not  declare  the  result 
of  the  said  election  until  the  seven  days  above  mentioned 
shall  have  expired. 

Sec.  4.  Be  it  further  ordained^  Thafe  this  ordinance 
shall  be  in  force  from  and  after  the  day  of  its  ratification  : 
Provided,  This  ordinance  shall  be  in  force  during  the  ex- 
istence of  the  present  war  with  the  United  States  and  no 
longer.     [Ratified  the  25th  day  of  June,  1861.] 


RESOLUTION  ORDERING  THE  ORDINANCES  TO  [No.  32.] 
BE  PRINTED  IN  PAMPHLET  FORM. 

Ordered,  That  the  Secretary  cause  five  hundred  copies  soocopioaor- 
of  all  the  Ordinances  and  Resolutions  having  the  force  of 
laws  adopted  at  this  session,  to  be  printed  in  pamphlet 
form  ;  the  said  ordinances  and  resolutions  to  be  inserted 
in  the  order  of  their  dates,  and  in  the  form  in  which  they 
stand  enrolled  :  Two  copies  of  the  same  to  be  distributed 
to  each  member  of  the  Convention,  one  to  each  of  the 
oJBScers ;  twenty-five  to  be  deposited  in  the  office  of  the 
Secretary  of  State ;  ten  to  be  delivered  to  the  Clerk  of 
the  Supreme  Court  for  the  use  of  the  Court ;  one  to  eacli 
of  the  Superior  Court  Judges  and  solicitors  ;  the  residue 
to  be  retained,  subject  to  further  order.  Ratified  the  21fh 
day  of  June,  1861.] 
6 


42  State  Convention.  [June, 

[No.  33.]   RESOLUTION   IN    FAVOR  OF    THE   W.,  C.  &  R. 

I^AILROAD  COMPANY. 


Ea««lm09««r 


Jlt»oUtdy  Thai  liis  E.xcellciicy,  tlie  Governor,  be  re- 
(juestcd,  and  the  Treasurer  be  directed,  to  execute  and 
deliver  to  the  Wilmington,  Charlotte  and  Rutherford  Rail- 
road Company,  the  amount  of  coupon  State  bonds  to  which' 
the  said  corporation  was  entitled  on  the  1st  day  of  April 
last,  for  work  before  that  time  accomplished  :  Provided, 
The  same  shall  be  accepted  by  the  said  corporation  at  their 
par  value  :  Provided.  This  resolution  shall  not  be  con- 
strued to  authorize  or  direct  the  Governor  and  Treasurer 
to  issue  any  other  State  bonds  to  any  other  corporation  in 
in  this  State,  unless,  in  his  judgment,  he  may  consider  it 
his  duty  to  do  .so  under  the  requiieraentP  of  law.  [Bxitified 
the  2Sth  day  of  June,  1861.] 


•M\  aitii   \r.   Ko 


[No.  34.]   AN  ORDINANCE  TO   PROVIDE  THE  WAYS  AND 
MEANS  FOR  THE  DEFENCE  OF  THE  STATE. 

Aiproirui*.  Section  1.  Be  it  ordained,  <fc.,  That  the  sum  of  three 
millions  two  hundred  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be,  and  the  same  is  hereby  appropri- 
ated to  meet  the  demands  on  the  Public  Treasury  for  the 
next  ensuing  two  years,  which  sum  shall  be  raised  and 
provided  for  in  the  way  and  manner  following  : 

Sec.  2.  B>'  it  further  ordained.  That  the  Public  Treas- 
urer is  hereby  authorized  and  required  to  have  suitably 
prepared,  and  to  issue  Treasury  notes,  payable  to  bearer, 
upon  the  faith  and  credit  of  the  State,  to  the  amount  of 
two  huntlrcd  thousand  dollars,  of  the  various  denomina- 
tions of  ten,  twenty-five  and  fifty  cents,  in  the  following 
proportions,  to-wit:  forty  thousand  dollars  in  notes  or  bills 
of  ten  cents,  sixty  thousand  dollars  in  bills  or  notes  of 
twenty-five  cents,  and  one  hundred  thousand  dollars  in 
notes  or  Itills  of  fifty  cents,  which  said  notes  shall  be 
roitivabic  in  payment  of  public  dues;  shall  bear  no  interest : 


1861.]  State  Convention.  43 

shall  be  made  payable  to  bearer,  and  be  signed  by  the  pub- 
lic Treasurer,  or  by  some  person  to  be  by  him  duly  author- 
ized and  appointed  to  si^n  the  same,  and  who  shall  receive 
a  reasonable  compensation  for  such  service,  to  be  paid  out 
of  the  Public  Treasury,  and  shall  be  redeemable  on  or 
before  the  first  day  of  January,  1866:  Provided,  hmvever. 
That  no  such  notes  shall  be  issued  before  the  first  day  of 
March  next,  and  that  the  General  Assembly  may  make 
provision  for  the  redemption  of  said  notes  before  the  time 
specified,  or  may  extend  the  time  of  redemption,  as  in  their 
judgment  the  public  may  require.  The  Public  Treasurer 
and  Comptroller  shall  each  provide  a  book  in  M'hich  shall 
be  kept  an  accurate  account  of  all  the  notes  of  the  various 
denominations  paid  out  under  the  provisions  of  this  ordi- 
nance, and  also  an  accurate  account  of  all  sums  returned 
to  the  Treasury ;  which  books  shall  at  all  times  be  open  to 
the  inspection  of  the  General  Assembly,  and  for  the  keep- 
ing of  such  books,  they  may,  if  absolutely  necessary,  be 
allowed  to  employ  some  suitable  person  to  act  as  clerk. 

Sec.  3.  Be  it  further  ordained,  That  the  Public  Treas-  Public  Tresnu 
urer  of  the  btate  be,  and  he  is  hereby  authorized    and  ^""om  the  Bank^^ 

.  '  ''  $3,000,000,  rbJ 

directed  to  negotiate  a  loan  or  loans,  with  the  several  banks  t?  '?"l  ^*?,** 

^  _  _  Bonds  for  the 

of  this  State,  or  with  private  individuals,  in  such  sums  and  *»™'' 
at  such  times  as  he  may  deem  necessary  and  proper,  to  an 
amount  not  exceeding,  in  the  aggregate,  the  sum  of  three 
millions  of  dollars,  including  the  amount  jjlready  borrowed 
of  the  banks  of  this  State,  under  tKe  provisions  of  an  act 
passed  at  the  last  session  of  the  General  Assembly,  enti- 
tled "An  Act  to  provide  ways  and  means  for  the  public 
defence" — for  which  Jhe  said  Public  Treasurer  shall  issue 
the  bonds  of  the  State  bearing  six  per  cent,  interest,  and 
payable  twelve  months  after  the  datc^  thereof;  and  should 
the  Public  Treasurer  not  be  prepared  to  pay  the  same  at 
matui'ity,  he  is  hereby  authorized  to  renew  the  same  on 
such  terms  and  for  such  times  as  he  may  think  proper,  or 
to  negotiate  new  loans  in  lieu  thereof,  and  he,  the  Public- 
Treasurer,  shall  keep  a  true  and  accurate  account  of  all 
such  loans,  and  make  report  thereof  to  the  General  Assem- 
bly from  time  to  time. 


a 


State  Convention.  [June, 


AatbortMUM       Skc.  4.  Be  it  further  ordained^    That  those  banks  in 
SSu^*ttSdir    this  State  who  shall  loan  to  the  State  their  pro  rata  amount 
S!lBM?VaH.  of  the  sum  hereby   authorized  to  be  borrowed  of  them, 
^^ikoM."      whose  charters  forbid  their  issuing  bills  of  a  less  denomi- 
nation than  five  dollars,  be,  and  they  are  hereby  authorized 
to  issue  bills  of  the   denominations  of  one  dollar,  two  dol- 
lars, and  two  dollars  and  a  half,  to  the  extent  of  five  per 
cent,  of  their  capital  stock  actually  paid  in :    Provided, 
That  the  same  shall  not  be  construed  to  authorize  the  said 
banks  to  issue  an  aggregate  amount  of  circulation  greater 
than  that  now  authorized  by  their  charter.    This  authority 
hereby  granted  to  issue  bills  of  the  denominations  of  one 
dollar,  two  dollars,  and  two  dollars  and  a  half  shall  cease 
whenever  the  General  Assembly  shall  provide  and  direct, 
upon  the  payment  to  the  banks,  the  principal  and  interest 
of  the  sums  borrowed  of  them  under  the  provisions  of  this 
ordinance. 
HMumpuoD  "f       Sec.  5.  Bt  it  further  ordained,    That  no  bank  of  this 
^^u^r^'  State  shall  be  required  to  resume  specie  payments,  whilst 
moV)  t^thc^    any  portion  of  the  amounts  herein  authorized  to  be  bor- 
rowed from  such  banks  shall  remain  unpaid. 

Sec.  6.  Be  it  further  ordained,  That  if  any  person 
falsely  make,  forge  or  counterfeit,  or  cause  the  same  to  be 
done,  or  willingly  aid  or  assist  therein,  any  Treasury  note 
in  imitation  of,  or  purporting  to  be  a  Treasury  note  or  bond 
issued  by  authority  of  this  act,  with  the  intent  to  defraud 
the  State,  or  corporations  or  other  persons ;  the  person  so 
offending  shall  be  deemed  guilty  of  felony,  and  on  convic- 
tion thereof  in  the  Superior  Court,  he  shall  be  adjudged  to 
stand  in  the  pillory  one  hour  and  receive  thirty-nine  lashes 
on  his  bare  back,  and  be  imprisoned  not  less  than  six 
months,  nor  more  than  three  years,  and  fined  at  the  dis- 
cretion of  the  court,  and  all  or  any  of  such  punishments 
may,  at  the  discretion  of  the  court,  be  inflicted. 

Sec.  7.  Be  it  further  ordained,  That  if  any  person, 
either  directly  or  indirectly,  whether  for  the  sake  of  gain, 
or  with  intent  to  defraud  or  injure  any  other  person,  shall 
utter  or  publish  any  false,  forged,  or  counterfeit  notes  as 


I'uoiiihuieDt  n) 
eounterfelton. 


1861.]  State  Convention.  45 

mentioned  in  the  pregeding  section,  or  shall  pass  or  deliver, 
or  attempt  to  pass  or  deliver,  the  same  to  another  person, 
knowing  the  same  to  be  falsely  forged  or  counterfeited,  the 
person  so  oifending  shall,  on  conviction  thereof  in  the  ' 
Superior  Court,  be  punished  in  like  manner  as  is  provided 
in  the  preceding  section  of  this  ordinance. 

Sec.  8.  Be  it  further  ordained.  That  this  ordinance,  or  Authontr 

^  ,  '  granted  tha 

any  portion  of  it,  may  hereafter  be  altered,  modified  or  *J*p<'"''  A"«">- 
repealed  by  the  General  Assembly,  provided  nothing  con- 
tained in  this  section  shall  be  construed  to  divest  any  rights 
accruing  to  the  banks  or  other  parties  without  their  con- 
sent. 

Sec.  9.  Be  it  further  ordained,   That  the  act  passed  at  Annul.  ac(  of 

"^  ■*  Qontral  Au«m- 

the  late  session  of  the  General  Assembly,  entitled,    ''  An  wy- 
Act  to  provide  ways  and  means  for  the  public  defence," 
ratified  the  11th  day  of  May,  1861,  be,  and  the  same  is 
hereby  abrogated  and  annulled.     [^Ratified  the  2Sth  day  of 
June,  1861.] 


AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  [No.  35.] 
PASSED  AT  THE  PRESENT  SESSION  OF  THIS 
CONVENTION,  ENTITLED  ''AN  ORDINANCE  TO 
PROVIDE  FOR  A  BOARD  OF  CLAIMS." 

Be  it  ordained,  That  the  ordinance  passed  at  the  pres-  ^  reportti*thl' 
ent  session,  entitled  "  An  ordinance  to  provide  for  a  Board  "ly"''"'  Assem- 
of  Claims,"  ratified  on  the  8th  day  of  June,  1861,  be,  and 
the  same  is  hereby  so  amended  and  modified  as  to  provide 
that  the  said  Board  of  Claims,  shall  report  the  result  of 
their  action  on  such  claims  as  they  may  allow,  to  the  Gene- 
ral Assembly,  at  its  next  session,  and  that  the  General 
Assembly  is  hereby  authorized  to  pass  finally  on  such 
allowed  claims,  and  make  provision  for  their  immediate 
payment,  and  that  all  such  claims  as  may  not  be  reported 
to  and  passed  upon  by  the  General  Assembly,  shall  be 
reported  to  the  Convention  at  its  adjourned  session  in 
November,  for  the  final  action  of  said  Convention.  \^Rati- 
fied  the  2Sth  day  of  June,  1861.] 


ORDINANCES  AND  RESOLUTIONS 


PASSED    BY 


4he  state  convention 


OF 


NORTH  CAROLINA. 


S)f  contr  Sicssion  in  Nobrmter  antr  Bcremhev,  186L 


RALEIGH: 
JOUN    W.    fcJYME,    PRINTER    TO    THE    CONVENTION. 

1862. 


ORDINANCES  AND  RESOLUTIONS 

OF    THE 

STATE  CONVENTION 

OF 

NORTH    CAROLINA. 

SKCONl)  SESSION  IN  NOVEMKER  AM)  DECEMBER,  I8BI. 


RESOLUTION  TO  TRANSMIT  A  COPY  OF  THE  [No.  1.] 
SUPREME  COURT  REPORTS  TO  THE  DEPART- 
MENT OF  JUSTICE  OF  THE  CONFEDERATE 
STATES. 


Resolved..    That    tlie    State    Librarian   transmit   to   the  supreme conn 

.  Reports. 

tlepartnient  of  justice  of  the  Confederate  States  of  Americn 
one  set  of  the  Reports  of  the  Supreme  Court  of  this  State, 
if  tlie  same  be  in  the  Public  Library,  or  that  he  purchase 
-iich  as  may  be  deficient,  for  that  purpose. 


RESOLUTION   RELATIVE   TO    THE   DAILY   SIT-  [No.  2.] 
TINGS  OF  THIS  CONVENTION. 

RfMolvrd,  That  from  and  after  to-day  this  Convention  Aiter«  hour- oi 
will  meet  daily  at  ten  o'clock  and  adjourn  at  two  o'clock, 
re-assemble  again  at  four  o'clock  and  adjourn  at  its  discre- 
tion.    [RatifiM  ilh'  Hf/i  dajf  of  D^rrnilii'i\  18(31.] 
7 


F}U  6TATK    CuNVtMlO.N.  [DcC. 

pjo.  S.]     AN  ORDINANCE  TO   AUTHORIZE   THE  rUBLK 
TREASURER    TO    EMn.OY    AN    ADDITIONAL 
CLERK    IN    THE    TREASURY     DEPARTMENT, 
AND  OTHER  PURPOSES 

>.r,  />'  it  oiiiatinJ,  TIlut  until  it  shall  be  itthcrwisc  enacted 
hy  the  General  Assembly,  the  salary  of  the  Clerk  of  tl 
Treasury  Department  be  increased  to  twelve  huinlrcd  dol- 
lars annually,  and  that  the  Public  Treasurer  be  authorized 
PaysAMMjini  to  cmploy  a  second  clerk  in  that  department,  and  that  his 
salary  shall  be  seven  hundred  and  fifty  dollars  annuall 
and  that  the  C«Mnptroller  be  authorized  to  employ  a  clerk 
in  hit>  oflice,  and  that  his  salary  be  the  sum  of  seven  hun- 
dred and  fifty  dollars  annually,  and  this  increase  of  the 
said  salaries  shall  couinicncc  from  and  after  the  1st  day  of 

.T:niM:.rv.    1^(12.       \T!nt;Hr,l  ///<•  0/7/  <ln,i  nf  Xnr.'Dihrr.  18(il.] 


[No.  4.]     RESOLl  TION  IN  FAVOR  OF   DR.  WM.  E.  P(Toi, 


Pay.  eoiDDeiuii-  ResoIvcd,  That  tlic  Govcmor  be,  and  he  is  hereby  author- 
huTilJiit.  "'  izcd  and  required  to  instruct  the  Paymaster  to  pay  to  Dr. 
William  E.  Pool,  of  Murfreesboro".  taken  prisoner  at  Hat- 
icras,  and  now  at  Fort  Wayne,  or  to  his  authorized  agent, 
the  compensation  of  an  assistant  surgeon,  from  the  first  of 
July,  1861,  until  such  time  as  he  shall  be  released  or 
exchanged.     [Tiatified  the  6th  dn/j  of  December,  1861.] 


[No.  :>.]     AN.  ORDINANCE  TO  TRANSFER  CERTAIN  COM- 
1»ANIKS  Tn  roL.  GREEN'S  REGIMENT. 


nnaiMUtW. 


Be  it  ordained,  Tliat  the  Governor  of  this  State  be,  and 
he  is  hereby  authorized,  if  he  shall  deem  it  expedient,  to 
tnmsfer  to  Col.  Green's  Regiment  of  Volunteers,  the  two 
companies  now  at  High  Point,  untler  the  command  of  Cap- 
tains ('....k   an<l   Sharp:    Pmrii/nf,   That   Capt.  C<.ol<  shnll 


18G1.]  State  Convention.  ^         51 

first  return  to  tlic  (Jovcruor  or  the  Adjutant  (jloncral  of 
this  State,  all  such  public  monies  and  orders  for  public 
money,  as  he  has  heretofore  received  for  the  purchase  of 
guns :  And,  provided  further,  That  the  said  companies 
shall  not  be  so  transferred  unless  all  the  officers,  non-com- 
missioned officers  and  privates  of  said  companies  shall  first 
signify  their  assent  thereto  in  writing.  [Ratified  the  6th 
day  of  December,  1861.] 


RESOLUTIONS  OF  CONFIDENCE  IN  OUR  CAUSE  [No.  (i.] 
OF  WAR,  AND  IN  THE  PRESIDENT  AND 
ARMY. 

Resolved,  That  we,  the  delegates  of  the  people  of  North  i!sprc?stsmi.ii- 
Carolina,  in  Convention  assembled,  entertain  an  undimin-  uenw."^ 
ished  confidence  in  the  ju^stice  of  the  cause  for  which  we 
have  taken  up  arms,  and  we  hold  it  to  be  the  duty  of  the 
people  of  these  Southern   States  to   maintain  and  uphold 
that  cause  with  all  the  means  they  can  command. 

Hc)<olved,  That  in  behalf  of  the  people  of  North  Caro-  x..  s«critifc  can 

A     1  cause  us  to 

Una,  we  declare  to  our  sister  States  of  this  Confederacy,  desist. 
and  to  the  world,  that  no  measure^  of  loss,   no  sacrifice  of 
life  or  property,  no  privation  or  want,  or  suffering,  shall 
cause  us  to  shrink  from  the  performance  of  our  whole  duty 
in  the  achievement  of  our  independence. 

Resolved,  That  from  the  cruel  and  barbaious  uiauner  in  narurity..f 
which  our  enemies  have  carried  on  this  war — a  war  in  which 
aged  and  dignified  men  and  helpless  women  have  been 
seized,  and  without  accusation  or  warrant  of  authority,  cast 
into  prison — in  which  private  property  hns  been  wantonly 
destroyed — in  which  robbery  and  arson  are  principal  means 
of  aggression,  and  in  which  servile  insurrection  has  been 
proclaimed :  we  are  convinced  that  there  is  a  radical 
incompatibility  between  such  a  people  and  our  ourselves: 
that  from  them  our  separation  is  final,  and  foi-  the  indcpen 
ilf'iirc  w<^  liMVc  assertc'l.  we  will  ;i('cc|it  mi  .•ilicruMf i\i\ 


52 


State  Convention. 


[Dec, 


llrwlved.  That  we  have  full  coufiilence  in  ilii'  wisdom. 
integrity  and  patriotism  of  the  President  of  tlie  Confede- 
rate States,  and  we  congratwlate  him  and  «»ur  whole  country 
upon  the  success  with  whitli  he  Jims  ndininistored  the  Gov- 
cmient. 

f{<'Holveii,  Thai  iw  liic  uHirer.s  und  >oiiliers  who  huvf 
«ione  forth  to  meet  the  dangers  of  this  war,  we  are  undi  i 
a  deep  deht  of  gratitude  for  the  valor  and  fortitude  with 
which  thev  have  defended  >is  from  the  asstiults  of  c»ur 
enemies  and  illustrated  the  glc^ry  of  our  arms. 
iu«<4uu<>ii*  u.  Resolved,  That  a  copy  lof  these  resolutions  he  sent  tc 
I'l'tTth^pnirt.  our  Representatives  in  Congress,  with  a  rec^uest  that  they 
he  conmiunicated  to  his  Excellency,  the  President  of  the 


•ur  nnldtrr* 


Confederate  States,  and  to  Congress. 
day  of  December^  18(31.] 


[Ratified  the  6tli 


[No.  7.]  KESULUTION  llEQUESTLNG  OUR  SENATORS 
AND  REPRESENTATIVES  IN  CONGRESS  TO 
VOTE  FOR  AN  INCREASE  OF  THE  PAY  OF 
SOLDIERS. 

Jleault'cti,  Thai  our  Seiiaiors  and  Rcpicsvniaiives  m  the 
Confederate  Congress,  he  recjuested  to  vote  for  an  increase 
of  the  pay  of  the  common  soldiers  of  the  Confederal  r 
army:  Provided,  The  resources  of  the  Confederate  Treas- 
ury w  ill  justify  it. 


[No.  ^.j  AN  ORDINANCE  IN  REGARD  TO  THE  SUPPLY 

OF    SALT. 


(''•mmbaioBiT. 


l.  Jii  ii  (irddiKid  I'll  the  /h'/ei/ate.s  oj  the  pcojt/r  vf  North 
Carolina,  in  Convention  UHxeinbled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same.  That  a  Commissioner  be 
appointed  l»y  this  Convention  to  manufacture  salt  for  the 
use  of  the  people  of  this  State,  at  such  place  or  places  as 
he  shall  judge  best ;  and  that  he  furnish  it  to  the  people  of 


1861.]  State  Convention.  53 

each  county  at  the  most  convenient  depot  on  the  railroad 
to  such  county,  or  some  navigable  waters,  on  the  payment 
of  the  cost  of  manufacturing  and  transportation;  -vvliicli 
price  shall  be  paid  on  the  delivery  of  the  salt. 

2.  Be  it  further  ordained^  That  the  said  Commissioner  Appi.-piiHies 
shall  have  lull  power  to  employ  the  necessary  agents  and 
laborers,  and  to  contract  for  materials,  in  the  name  of  the 

State,  necessary  in  carrying  out  the  provisions  of  this 
ordinance,  and  to  draw  upon  the  Public  Treasurer,  from 
time  to  time,  therefor,  not  exceeding  the  sum  of  one  hun- 
dred thousand  doljars. 

3.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  To  enter  upon 

■  ,     ri  •      ■  i  1  •       1  -1  duties  as 

.^aid  Commissioner  to  proceed  as  soon  as  practicable  to  soon  aspracii- 
the  discharge  of  this  duty,  and  as  salt  can  be  made,  it  be 
sent  forward  to  the  various  depots  on  the  several  railroads 
of  the  State,  or  on  some  navigable  waters,  for  the  accom- 
modation of  every  section  of  the  State,  equally,  and  in 
such  order  as  he  may  find  best  to  meet  the  wants  of  the 
country. 

4.  Be  it  fui'ther  ordainedy  That  Justices  of  the  Peace  of  Duiks  oi  ju.<- 

,  ,'  .••ii.-c(  '  ••!•  *'''^'  of  the  Peace 

the  several  counties  m  this  State,  a  majority  being  present, 
may  mef>t  at  the  Court  House,  in  term  time,  or  in  vacation 
of  the  courts,  and  make  such  order  as  they  may  prefer, 
touching  the  delivering,  distribution  and  payment  for  the 
salt  manufactured  for  the  use  of  the  people  of  such  county, 
and  to  that  end  may  advance  the  money  out  of  the  Treasury 
of  the  county,  or  otherwise:  Provided,  That  they  shall 
not  allow  the  salt  to  be  sold  iu  speculation,  or  fbr  more 
than  the  actual  cost. 

5.  Be  it  further  ordained.  That  it  shall  not  be  lawful  for  spocuiHUon 

'  fcrbiadcii, 

any  one  to  purchase  more  of  the  salt  so  made,  than  he  requires 
for  his  own  use,  or  for  distribution,  at  the  cost  and  expense 
of  transportation,  and  if  any  one  shall  purchase  any  salt  so 
made  and  re-sell  it  for  a  profit,  he  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  in  any  of  the  County 
or  Superior  Courts,  shall  bo  fined  or  imprisoned  at  the 
discretion  of  the  court. 


54  blAIli    OONVENIION.  [Dec. 

4H4iMaw*  >•  '•    lit-  U  furtiier  ordained,    That  this  onlinuncc  i«hal! 

iw««4Mi*«t>«  continue  in  force  and  operation  durin^r  the  continuance  <> 
the  pr<--i  lit    \\:\r.   unU>s    tlio    Loirii^laluro   sliall   Mtlicrwis<' 
order. 

7.  Jii   tl  Jurlhti-  orditnnfd,    Thai  ii    the  Commissioner 
»  shouhl  die  or  remove  from  the  State,  resign  or  refuse  tc 

T  act,  or  should  prove  faithless  to  the  trust  reposed  in  him. 

the  Convention  then  not  being  in  session,  the  Governs 
shall  Hupply  the  vncancy  created  in  any  of  the  foremen- 
tioncii  nfeans. 

TV.  i*go«<  ui  8.  jy«'  it  furtlu'i'  ordained,  That  it  shall  be  the  duty  of 

the  Commi.ssioner  to  make  a  report  to  the  Governor  every 
month,  .-allowing  the  progress  of  the  work,  its  co.st,  kc.  It 
shall  be  the  duty  of  said  Commissioni'r  on  the  first  Monda  s 
of  each  month,  t<»  report  to  the  (rovcrnor  the  quantity  ol 
!"alt  manufactured  du)-ing  the  montli  preceding,  and  the 
•lisposition  made  of  all  the  salt  made,  the  cost  of  produc- 
tion and  tran.sportion,  and  the  income  to  the  State  on  the 
salt  made  and  sohl,  and  that  the  Governor  shall  lay  such 
reports  before  the  General  Assembly  at  the  first  session. 
and  they  may  make  such  order  for  change  in  the  managr 
ment  of  the  busine.'is  and  settlement  with  the  Commissioner 
as  in  their  wisdom  may  seem  right. 

Touk.  ,«ii.  1>.  Be  it  farther  ordained^  That  the  Commissioner  shall. 

Iietore  entering  on  tlie  duties  ot  his  (;ince,  take  an  oath  ol 
office,  and  give  bond  payable  to  the  State  in  the  sum  of 
itne  hundred  (housand  dollars,  with  security  to  be  approved 
by  the  Governor,  an<l  shall  take  bond  ai>d  ample  security 
from  every  agent  by  him  appointed,  whose  duties  shall 
lequire  him  to  receive  or  pay  out  money,  and  that  all  such 
bonds  shall  be  payable  to  the  State  of  North  Carolina. 

tmimry %x;Mf).  10.  Hv  it  furtJhf  urdfciiu'd.  That  the  Coinmissium-r 
.-hall  receive  an  annual  salary  of  fifteen  hundred  dollars. 
and  his  traveling  e.\))enses.  [Iiatified  flu-  iith  da//  of 
Itfceinher.  1801.] 


1861.]  State-  Convention.  55 

RESOLUTION  ON  TAKING  A  RECESS.  [No.  0.] 

Resolved,  That  this  Convention  will  take  a  recess  from 
and  after  Friday  the  13th  instant,  until  Monday  the  20th 
of  January  next.     [Rafified  the  6th  dm/  of  December,  1861.] 


AN  ORDINANCE  CUNCERNlN(i   THE  REi'EAL  OF  [No.  10.] 
THE  FOURTEENTH   CHAPTER   OF   THE  ACTS 
OF  THE  SECOND  EXTRA  SESSION  OF  1861. 

Be  it  ordained  by  the  Delegates  of  the  people  of  North  Anuuis  i4th 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  Acts  of  Geuerm 

7.  .7  nil  ^         o  '11  Asseniljly. 

by  the  antJiority  oj  the  same,  That  the  fourteenth  chapter 
of  the  acts  of  the  General  Assembly,  passed  at  the  seoond 
extra  session,  entitled  "An  act  to  alter  the  rules  of  evi- 
dence as  applicable  to  Indians,"  be  and  the  same  is  hereby 
repealed  and  annulled.  [^Ratified  the  6th  day  rf  Decem- 
ber, 1861.] 


A  RESOLUTION  TO  TRANSFER  CERTAIN  MILI-  [No.  11.] 
^  TARY  COMPANIES  TO  COL.  W.  J.  GREEN. 

Resolved,  That  the  Governor,  if  he  shall  deem  it  proper, 
be  and  ho  is  hereby  authorized  to  transfei"*  to  Colonel 
W.  J.  Green's  Independent  North  Carolina  Regiment,  such 
companies  as  have  been  accepted  and  not  yet  assigned  to 
other  regiments,  upon  their  application  for  such  transfer : 
Provided,  That  no  member  of  a  company  shall  bo  required 
to  join  said  service  without  his  consent  in  writing.  [Rati- 
fied the  6th  day  of  December,  1861.] 


US  State  Coxventiok.  [D(< 

[No.  12]  AN  ORDINANCE  TO  TROVIDE  FOR  AMENDING 
THE  FORTY-SIXTH  SECTION  OF  THE  CON- 
STITUTION OF  THIS  STATE  IN  REGARD  TO 
TAKING  THE  VEAS  AND  NAYS  IN  EITHER 
HOUSE  OF  THE  GENERAL  ASSEMBLY. 

RinnirM  uM-  Br  it  ordainrd  hy  the  JJelccfafcx  of  the  people  of  North 
Carolina^  in  Convention  assembled,  and  it  is  hereby  ordained 
f'tf  the  anthorittf  of  the  name.  That  the  forty-sixth  section 
of  the  Constitution  of  tliis  State  he  so  amended  as  to 
insert,  after  the  word  "seconded,"  in  the  foui-th  line  of 
said  section,  the  words  "  hy  one-fifth  of  the  members 
present.  '     \_Eatiiied  the  Gfh  dnii  of  December,  1861.] 


[no.  i:j.]  an  ordinance  to  amend  the  second 
section  of  the  fourth  article  of  the 
am^':ndments  to  the  constitution. 

iwiw.f  inOn,!  Be  it  ordained  bu  the  Deleuates  of  the  people  of  Nortli 

.od  in  Um>  «IM      ^         ,.  7,     ,  ,..777.7,  7 

MMi  .Nrw  TrMji  tarolina,  in  asHemolea,  and  it  is  hereou  ordained  01/  the 
ti.  t...winc  (inlhoritii  of  the  same.  That  the  second  section  of  the 
fourth  article  of  the  amendments  to  the  Constitution,  shall 
he  amended  to  read  as  follows  :  "No  ))erson  who  shall  deny 
the  being  of  God  or  the  divine  authority  of  both  the  Old 
and  New  Testaments,  or  who  shall  hold  religious  opinionis 
incompatible  with  the  freedom  or  safety  of  the  State,  shall 
be  capable  of  boding  any  office  or  place  of  trust  or  profit 
in  the  civil  department  of  this  State."  \_7iafified  the.  6fh 
day  of  Deecmber,  1861.] 


|Nr  14.1  RESOLUTION  APPOINTING  DENNIS  D.FEREBEE, 
Esq..  COMMISSIONER  TO  RICHMOND. 

Tb.i.wn.u  /iexulved,  That  Denni.s  D.  Fcrebee,  Esq.,  be,  and  he  is 

"'  **  hereby  appointed  a  Comniissionor  whose  duty  it  shall  be  to 


i8Hl.]  State  Convention. 

visit  Richmond,  :uul  confer  with  the  Secretary  of  the  Con- 
federate Treasury,  and  with  the  Congress  of  the  Confederate 
States,  now  in  session,  and  ascertain  what  kind  of  payment 
will  be  accepted,  and  that  on  his  return,  he  report  the  result 
of  said  conference  to  this  Convention,  for  their  considern- 
tion  :md  action.      \ Rafifit'd  the  dfJi  daif  of  Decnnhcr,  18G1.] 


IIESOLUTION  .  OF   THANKS   TO   THE  OFFICERS  [No.- 15.] 
AND  SOLDIERS  FOR  GALLANT  CONDUCT  IN 
DEFENDING  HATTERAS. 

ResoIr(>d,  That  wo  have  undiminished  confidence  in  the 
courage  and  loyalty  of  the  officers  and  soldiers  who,  after 
:i  long  and  severe  l)ombardment,  were  compelled  to  surren- 
der, to  an  overwhelming  force,  the  inadequate  defences  at 
Ilatteras,  on  the  twenty-ninth  of  August  last,  and  that 
they  deserve  our  thanks  for  their  gallant  conduct.  [Rati- 
fied tJir  8?'(f  daf/  of  Decanher,  18(>T.] 


AN  ORDINANCE  TO    PROVIDE   FOR  THE  RAIS-  [No.  10.] 

ing  of  money  for  the  support  of  gov- 
i:rnment,  and  for  the  issue  of  TREAS- 
itry  notes  for  the  purpose  of  payincj 
the  public  dep.t,  and  purchasing  sup- 
i'lies  for  the  military  forces  employ- 
ED FOR  DEFENCE  IN  THE  PRESENT  WAH. 
AND  FOR  OTHER  PURPOSES. 

! .    R<]  it  ordained  bu  the  Delcaates  of  the  peonle  of  North  Authorizc/ithp 
*  arohna.  in  Coin'cnfion  axi<rmbii'fiy  and  it  is  hereon  ordained  ouo  iu  Twnurv 

'  .        notps. 

/>//  the  authority  of  the  miii.e^  That  the  Public  Treasurer  is 
MUthorized  to  issue  Treasury  notes  for  such  sums,  not  exceed- 
ing, at  any  one  time,  three  millions  of  dollars,  as  the 
exigencies  of  the  public  service  may  require,  before  or  on 
the  first  day  of  Januaryi,  1863,  and  the  said  notes  shall 
)»('  prepared  and  signed,  and  issued  as  hereinafter  provided. 
8 


State  Convention. 


[Dci 


/>     .    ,  art  her  ordaimd.  That  the  Public  Treasurer 
the  said  notes  to  he  prepared,  and  that  they  shall  be 
.(d  by  the  Public  Tri'asnrer,  on  behalf  of  the  State, 
countersigned  bj-  the  Comptroller ;  and  each  of  those 
rs  shall  keep,  in  proper  books,  separate  and  accurate 
accounts,  showing  the  number,  date,  and  amount  of  each 
of  the  said  notes  si;Tned  and  countersigned  by  them  respec- 
tively, and,  also,  accounts  showing  all  such  of  said   notes 
as  may  be  paid  or  redecraad  and  cancelled,  from  time  to 
.  and  the  said  Treasurer  shall  account,  monthly,  for 
uch  of  said  notes  as  shall  have  been  countersigned  by 
the  Comptroller,  and  delivered  to  the  Treasurer  for  issue. 
'         3.  Be  it  further  orddiiud,  That  the  .said  Treasury  notes 
shall  be  payable  at  the  Public  Trea.«ury,  to  the  bearer,  on 
the  first  day  of  January,   18G5,  and  bear  interest  from 
date  at  the  rate  of  .six  per  cent,  per  annum,  for  every 
hundred  dollars,  and  in  that  proportion  for  sums  greater 
i»r«oiuinttioiu  or  less  than  one  hundred  dollar.^ ;  and  the  said  notes  shall 
be  of  the  several  denominations  of  five  dollars,  ten  dollars, 
twenty  dollars,  fifty  dollars,  one  hundred  dollar.s,  and  two 
hundred  dollars ;  and  in  the  following  proportions,  that  is 
to  say :  notes  for  five  dollars,  ten  dollars,  and  twenty  dollars, 
the  amount  of  four  hundred  thousand  dollars  of  each  denomi- 
nation shall  be  issued ;  and  notes  for  fifty  dollars,  to  the 
amount  of  eight  hundred  thousand  dollars ;  and  those  for 
one  hundred  dollars  and  for  two  hundred  dollars,  to  the 
amount  of  five  hundred  thousand  dollars  of  each  denomi- 
uation ;  and  in  the  course  of  the  issuing  of  said  notes, 
from  time  to  time,  the  said  relative  proportions  shall  be 
observed  as  near  as  may  be. 

4.  Be  it  further  ordained,  That  the  principal  moneyr 
and  the  interest  due  on  the  said  notes,  shall  be  paid  at  the 
maturity  thereof  to  the  several  lawful  holders  thereof,  upon 
presentment  at  the  Treasury,  'out  of  any  money  in  the 
Treasury  not  otherwise  appropriated  ;  and,  further,  that  at 
any  lime  or  times  before  the  maturity  of  said  notes,  the 
Treasurer  may  give  notice,  in  the  newspapers  printed  in 
Ilal('i;;h,  i»f  his  readiness  to  p:iy   the  s:inie  on  any  class  or 


rroporliiuif 


lnHty 


1861,]  Statis  Convention.  50 

(Icnomination  of  said  notes,  or  any  certain  part  thereof, 
and  tlie  interest  shall  close  on  the  notes  designated  in  such 
notice  at  the  expiration  of  forty  days  after  such  notice 
given. 

5.  Be  it  further  [ordained^  That  the  said  notes  may  be  Thf«  notcp  to  i « 

,,,„,'  .        P  .    .       VnM  out  l.y  Ui.. 

issued  by  the  ireasurer^  in  payment  of  any  warrant  in  P"Wic  Trensu 
favor,  of Jpublic  creditors,  or  for  the  purpose  of  paying 
military  officers  and  troops  in  service,  or  for  the  purchase 
of  supplies  for  such  troops,  and  for  the  payment  of  coupons 
upon  any  bond  or  bonds  hitherto  given,  or  hereafter  to  be 
given,  [or  Tor  any  other  demand  upon  the  Treasury  by  persons 
who  may  be  willing  to  receive  the  same  in  payment  at  par ; 
and  the  Public  Treasurer  may  borrow  money,  from  time  to 
time,  upon  the  credit  of  said  notes,  as  the  public  service 
may)  require,  not  exceeding  the  said  sum  of  three  millions 
of  dollars:  Provided,  That  upon  such  loans  interest  shall 
not  be  charged  or  paid  at  a  greater  rate  than  six  per  cent, 
per  annum,  and  further,  that  no  Treasury  notes  shall  be 
pledged,  nor  shall  they  be  sold,  or  issued  for  any  purpose, 
for  less  than  the  aifiount  due  on  the  same,  including  inter- 
est accrued  thereon,  if  any. 

6.  Be  it  further  ordained,  That  the  said  Treasury  notes  tuo  notrn  ikxm 

.  .  -^  for  any  debt  to 

shall,  at  any  tunc  or  times  hereafter,  be  receivable  at  the  tbesiatp. 
Treasury  in  payment  for  land  entered,  and  for  taxes,  and 
any  debt  to  thb  State  at  the  Treasury,  and  m  making  such 
payment,  the  holder  shall  have  credit  for  the  principal 
money  mentioned  in  said  note,  and  the  interest  accrued 
thereon  up  to  the  day  of  payment ;  and  accounts  shall  be 
kept,  as  aforesaid,  of  the  notes  thus  paid  or  redeemed, 
distinguishing  the  sum  allowed  for  interest  from  the  principal. 

7.  Be  it  further  ordained,  That  the  said  Treasury  notes  sheriffs  und  r^i 

,  '  ItTfofP  to  TO- 

shall  be  received  Ijy  Sheriffs,  and  other  collectinff  officers,  c.  ive  them  nnd 

•    •'  .  '  .      °  '   I..  ;illnw interest 

in  payment  of  the  public  taxes  in  their  respective  counties, 
and  the  said  officers  so  receiving  any  of  the  said  notes 
shall,  at  the  time  of  payment,  take  from  the  person  pnyirig 
them  a  receipt  on  the  back  of  each  note  for  the  amount 
allowed  therefor  and  the  date  thereof,  and  such  officer  shall 
keep  a  distinct  and  specific  account  of  said  notes  so  received 


60  State  Convention.  [Dec . 

in  pa jiiicut* showing  the  pcixui  t'loiu  vhoin  iccfivcd,  the 
number  and  date,  the  (hiy  on  which  he  received  them,  and 
the  amount  of  the  principal,  aud  also  the  interest  allowed 
l>y  him.  an<l  deliver  the  said  notes  a)id  accounts  to  the 
I'ublic  Treasurer;  and  he  shall,  thereupon,  an<l  on  his  oath 
to  the  truth  of  said  account,  receive  credit  for  the  auouiit 
thereof. 
•nmmatf»m»y  S.  Bf  U  further  ut'dained^  That  the  holders^of  theTrea- 
ftwSS^p^I^u  ury  notes  issued  under  the  authority  of  this  ordinancr 
may  have  the  same  funded,  by  request,  to  the  Treasurer, 
to  give  in  exchange  for  them  bontls  of  the  {Stale,  payahlr 
in  thirty  years,  at  the  Public  Treasury,  and  bearing  inter 
est  at  the  rate  of  six  per  cent.  j»er  annum,  payable  halt 
yearly,  with  coupons  attached,  for  the  interest,  payable, 
also,  at  the  Treasury':  Provided,  howevin'.  That  such  boncR 
shall  be  issued  for  the  amount  of  five  hundred  dollars,  and 
one  thoiusand  dollars  only  :  And,  provided,  further.  That 
upon  application  for  such  exchange,  the  interest  upon  tht- 
Treasury  notes  shall  be  allowed  up  to  the  first  day  of 
.lanuarv,  or  April,  or  July,  or  October  next,  preceding  tlu- 
request  for  >»ich  exchange,  as  the  case  may  be.  and  the 
interest  on  the  bonds  given  in  exchange,  shall  run  from  the 
day  to  which  the  interest  on  the  notes  was  allowed  ;  and  of 
the  notes  received  by  the  Treasurer,  and  of  the  bunds 
given  in  exchange  therefor,  full  and  accurate  accounts 
.-hall  also  be  kept  as  aforesaid;  and  the  Public  Treasurer 
is  authori/AMl  and  required  to  issue  such  coupon  bumls, 
agreeably  to  the  provisions  of  the  ninetieth  chapter  of  the 
R<r\'ised  Code,  .subject  to  the  restrictions  and  n)odification~ 
herein  provided. 
\,„.  fo.  !.♦.    be  it  farthir  ordained.  That  the  Treasury   notes  .so 

."u,  received  at   ihe   Treasury,   from  Sherifts,  and  others,  a 
.i^juiuit        aforesaid,  shall  not  be  re-issued,  but  shall  be  deemed  to  bu 
ii»rr  paid,  and  hv  cancelled;  and  other   Ireasury  notes  to  tlic 

same  amount  and  of  the  same  denomination,  and  payabb 
at  the  same  time  ^ind  place,  with  the  same  rate  of  interest 
may,  in  like  manner,  be  issued  in  the  place  of  those  so 
redcemeil :     J*rovidi'd,    JievertheksSf    That    the   aggregalt 


1861.]  State  Convention.  61 

amount  of  said  notes  outstanding  at  any  one  time,  and  of 
the  bonds  given  in  exchange  for  notes  as  aforesaid,  shall  not 
exceed  the  said  sum  of  three  millions  of  dollars  of  princi- 
pal money. 

10.  Be  it  farther  oi'dauu'd,  That  the  act  of  the  (ieneral  Amen.i"  Art, nf 
Assembly,  entitled  an  act  to  authorize  the  Public  Treasurer  bTj""^"     "'*'"" 
to  issue  Treasury  notes,  ratified  the  twentieth  day  of  Sep- 
tember, 1861,  be,  and  the  same  is  hereby  amended. 

11.  Be  it  further  ordained,  That  if  any  person  shall  runishuionti-n 
falsely  make,  forge,  oi-  counterfeit,  or  cause  to  be  made,  •=""°*«*^'*"'^'"k 
forged,  or  counterfeited,   any  notes,   bond,  or  coupon,  in 
imitation  of  or  purporting  to  be  a  Treasury  note,  or, bond, 

or  coupon,  made  oi-  issued  by  authority  of  this  ordinance. 
or  shall  aid  or  assist  therein,  with  intent  to  defraud  the 
State,  or  any  corporation,  or  person  or  persons,  he  or  she 
so  oifending  shall  be  deemed  guilty  of  felony,  and  on  due 
conviction  thereof,  shall  be  adjudged  to  stand  in  the  pillory 
one  hour  and  receive  thirty-nine  lashes  on  the  Ijare  back, 
and  be  imprisoned  not  less  than  six  months  o)-  mure  than 
three  years,  and  be  fined ;  and  in  the  discretion  of  the 
court,  all  or  any  of  the  said  })unishments  may  be  inflicted. 

12.  Be  it  further  ordained,  That  if  any  person,  for  the  runUhm.ni for 
sake  of  gain,  or  with  the  intent  to  injure  or  (lefraud  the  State,  wunterfeu 

or  any  corporation  or  any  other  person  or  persons,  shall 
either  directly  or  indirectly  utter  or  publish  any  false,  forged, 
or  counterfeited  note,  bond,  or  coupon,  as  mentioned  in  the 
preceding  section,  or  shall  pass  or  deliver,  or  attempt  to 
pass  or  deliver  the  Same  to  any  other  person,  knowing  the 
same  to  be  falsely,  forged  or  counterfeited,  he  or  she  so 
offending  shall,  on  due  conviction  thereof,  be  punished  in 
like  manner  as  is  provided  in  the  preceding  section  of  this 
ordinance. 

13.  Be,  it  further  ordained,  That  the  Treasurer  shall  AccountMobe; 
keep  and  fmniish  to  the  Comptroller,  an  accurate  account 

of  the  Treasury  notes  issuc<l,  or  to  be  issue<l  by  him  under 
act  of  the  General  Assembly,  and  the  ordinance  heretofore 
passed  and  not  annidled ;  and  the  Comptroller  shall  also 
l^'^'^pan  accurate  account  of  all. such  notes  in  the  same 


(J2  State  r..\\iMi<.\  fDcc. 

manner  as  required  herein  in  relation  to  the  Treasury 
notes  authorized  to  be  issued  by  this  ordinance. 
n*«<««i  Krn^  14.  Be  it  further  ordained,  That  this  ordinance  may  bt 
!22«^'  **  alterwl  or  modified  by  the -General  Assembly,  but  not  so 
as  to  impair  the  obligation  of  the  said  notes,  bonds,  or 
coupons  actually  issued  under  the  authority  of  this  ordi- 
nance, and  then  held  by  any  person  or  persons.  ^Ratified 
the  Ist  day  of  December,  1861.] 


[No.  17.]  ORDINANCE  DIRECTING  THE  PAYMENT  OF 
CLAIMS,  AWARDED  BY  THE  COURT  OF 
CLAIMS. 


malm*— 
WthurmmnU. 


Be  it  ordained  by  the  Delegates  of  the  j>eople  of  North 
(Jarolina,  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  samCy  That  the  Treasurer  of  the 
State  pay  out  of  any  monies  in  the  Public  Treasury,  not 
otherwise  appropriated,  as  follows  : 

To  Paul  C.  Cameron,  two  thousand  five  hundred  and 
eighty-three  dollars  ; 

To  Pride  Jones,  one  hundred  and  ninety-sevcu  dollars 
and  seventy-three  cents  ;  ^ 

To  Watts,  White  &  Co.,  forty-si.x   dollars  and  seventy 
three  cents  ; 

To  Angclo  Garybaldo,  one  hundred  ;ind  Hcvcuty-scven 
dollars  and  fifty-four  cents ; 

To  E.  C.  Relvin,  forty-two  dollars  and  iorty-five  cents ; 

To  W.  II.  BobbiLt,  three  hundred  and  tliirty-si.\  dollars 
and  forty  cents ; 

To  James  11.  Ilambaugh,  one  hundred  and  two  dollars 

To  T.  S.  Vail,  thirty  dollars  and  ten  cents ; 

To  T.  II.  McRorie,  one  hundred  and  sixty-four  dollar 
and  ten  cents ; 

To  Will.  II.  PuKsU-y,  oiH!  thousand  one  hundred  and 
twenty-two  dollars  and  fifty-one  cent.-' ; 

To  W.  II.  Mitchell,  twenty-five  dollars  and  eighty-thrc<' 
cents ; 


1861.]  State  Convention.  »        *)3 

To  J.  R.  Shufford,  six  dollaiMs  and  twenty-five  cents  ;        Bfar<i  of 

'  .  *'  Claims— 

To  Smith,  Stone  k  Banks,  one  hundred  and  forty-nine  Di'bur?emenu 
dollars  and  seventy-eight  cents  ; 

To  W.  B.  Hughes  &  Bros.,  two  hundred  and  sixty-four 
dollars  and  sixteen  cents  ; 

To  AYillie  Simms,  thirty  dollars  and  thirty  cents  ; 

To  J.  H.  Applewhite,  thirty-nine  dollars  and  thirty  cents; 

To  Wyman,  Davey  &  Co.,  six  hundred  and  forty-eight 
dollars  ; 

To  W.  S.  Cason,  eighty-three  dollars  and  seven  cents  ; 

To  Willie  Askew,  twenty-two  dollars  and  fifty  cents ; 

To  Williams  &  Haywood,  thirty  dollars  and  ninety-two 
cents ; 

To  Thos.  Harwick,  thirty-three  dollars  and  fifty  cents ; 

To  Wilson  G.  Lamb,  one  hundred  and  seventy-one  dol- 
lars ; 

To  Jamison,  Simonton  &  Co.,  five  hundred  and  thirty- 
two  dollars  and  fifty-six  cents  ; 

To  McNnir.  Bro.  &  Co.,  ninety-two  dollars  .tivI  tliirty- 
four  cents : 

To  J.  L.  Baker,  two  hundred  and  eighty-five,  dollars 
and  twenty -five  cents ; 

To  R.  W.  Hamlin,  twenty-one  dollars  and  twenty-one 
cents ; 

To  D.  C.  Parks,  ass.,  three  hundred  and  two  dollars  and 
ninety-seven  cents ; 

To  J.  A.  Bryan,  twenty-five  dollars  ; 

To  Edward  Wood,  one  hundred  dollars  , 

To  C.  Perkins  &  Son,  twenty-one  dollars ; 

To  W.  C.  Brown  and  Z.  B.  Vance,  one  hundred  and 
sixty-four  dollars  and  twenty-eight  cents  ; 

To  John  Yancey  i^'  Son.  nino  Inindrcd    nnd  siytv  dolhirs 

and  fifty-one  cents  . 

To  Joseph  Ramsey,  ass.,  twenty-nine  dollars  and  thirty- 
>vo  cents ; 

To  F.  and  H.  Fries,  one  thousand  two  hundred  and  sixty- 
two  dollars  and  fifty-five  cents  ; 

To  Capt.  John  Randolph,  three  Iniiidred  and  seventy- 
four  dollai'.s  and  tweiity-livc  cents; 


64       •  Statk  Gokvkntiok.  [Dec. 

■c«r4«i  To  N.  C.  R.  11.  t'^.  I'V'^  ImiidiT"!  :\n<l  twelve  dollars  :ui.l 

riiit 

nMMMBOTf    twenty-eight  cents;  ' 

To  James  S.  Snow,  fifty-three  dollars  and  ninety-two 
cents : 

To  II.  J.  Evans,  sixty-two  dollars  and  seventy-four  cents , 

To  E.  L.  Lindsay,  '^"c  thousand  six  hundred  and  twenty 
dollars  ; 

To  M.  A.  Woody,  ^ighty  dollars  .; 

To  Davidson  &  Miller,  ono  hundred   nud  ninety  dollai 
;md  seventy  cents; 

To  T.  P.  Siler,  five  hun<ln't     ihm    nnn'ly-diu-  d'>il:irs  ;ilid 
ninety-eight  cents  ; 

To  L.  M.  Cook,  twenty-five  dollars  ; 

To  W.  W.  Ilapper.  sixty-two   dollars  and  twelve  (.ents  : 

To  Joseph  W.  Stockton,  two  hundred   and  nincty-c'JL'lit 
dollars  and  two  cents  ; 

To  B.  L.  Perry,  sixty-nine  dollars  and  fifty  cciitN: 

To  W.  C.  Ptoberts,  ninety  dollars  ; 

To  C.  II.  Barnara,  eighty-one  dollars ; 

To  Gains,  Dearer  &  Co.,  one   tliousand   nine  hundred 
and  forty-four  dollars  and  eighty-seven  cents  : 

To  C.  N.  Meaclos.  thirty-five  dollars: 

To  Roht  D.  Hart,  forty-two  dollars: 

To  John  T.  Barns,  one  hiindrt'd  and   ciglity-oiif   ilo11:ii- 
and  eighty  cents ; 

To  Alfred  Everett,  seventy-four  dollars  and  scvcnty-fn ' 
eents ; 

To  Peter  (J.  Foster,  forty  dollar^ ; 

To  John  Watts,  si.xty-one  dollars  and  eighty-three  cents  . 

To  Cape  Fear  Steamboat  Co.,  eight  hundre<l  and   seven 
dollars  and  twenty  lents  ; 

To  P.  F*.  Pescud,  sixty-four  dollars  and  eighty-five  cent«: 

To  Lewis  B.  Eranibert,  one   hundred   and    ninety-three 
dollars  and  thirty-two  cents  : 

To  W.  A.  (Jraves,  eight  hundred  dollars  ; 

To  W.  W.  Fife,  twenty-one  dollars  and  fifty  cents  ; 

To  Joseph  Lawroice,  two   hundred   and    thirty-two    dol 
lurs  and  thirtv  eents  : 


1861.]  State  Convention.  '         65 

To  Jolin  P.  Nowell,  one  hundred  and  eighty  dollars  and  Bon'-d  of 

'  o      «'  Claims — 

fifty  cents  ;  DicburscmentK. 

To  Jacob  Backman,  one  hundred  and  forty-one  dollars 
and  fifty  cents  ; 

To  Wm.  Smith,  thirty  dollars  ; 

To  E,  Simmons,  ten  dollars ; 

To  William  Page,  forty-six  dollars  and  forty-five  cents ; 

To  James  AVard,  twenty-two  dollars  and  fifty  cents; 

To  W.  G.  Hill,  five  dollars  ; 

To  Stevenson  &  Weddell,  two  hundred  and  sixteen  dol- 
lars and  fifty-one  cents ; 

To  J.  G.  Rudisill,  one  hundred  and  nineteen  dollars  and 
twenty  cents ; 

To  H.  H.  Rowland,  twenty-one  dollars  ; 

To  W.  H.  Ghun,  three  dollars ; 

To  Jas.  D.  Wyan,  seventy-two  dollars  and  ten  cents ; 

To  Joseph   Commander,   one  hundred  and   sixty-seven 
dollars  and  sixty  cents  ; 

To  Snell  &  Haws,  two  hundred  and  eight -dollars ; 

To  W.  W.  TVard,  one  hundred  and  thirty  dollars ; 

To  Hazard  Powd.  Co.,  J.  H.  Hall,   agt,   one  thousand 
nine  hundred  and  five  dollars  and  twenty-five  cents  ; 

To  Makepeace  &  McRae,  twenty-four  dollars ; 

To  J.  S.  McElroy,  two  Imndred  and    thirty-two  dollars 
and  fifty-one  cents ; 

To  J.  C.  Rudisill,  twenty-six   dollars  and    twenty-five 
cents  ; 

To  W.  H.  Carrer,   ass.,   one  hundred  and  twenty-nine 
dollars  and  eighty-two  cents  ; 

To  Harnett  county,  three  thousand  seven   hundred  and 
eight  dollars  and  fifty-three  cents  ; 

To  D.  Pendar  &  Co.,  twenty-one   dollars  and  fifty-two 
cents  ; 

To  M.  Witty,  one  hundred  and  twenty-six  dollars ; 

To  D.  C.  Murray,  forty-one  dollars  and  forty  cents; 

To  Cobb  &  Neisbit,  twenty-four  dollars  and  forty-three 
cents  ; 

9 


66  State  Convention.  [Dec, 

ii<*rj  i.f  To  Larry  Newson,  throo   hnmlretl   niul  scventv-five  dol- 

(nrhurwvKKitt      ImtH  ' 

To  A.  G.  Carter,  eleven  dollars  an<l  seventy-five  cents  ; 

To  Isjiac  House,  seventeen  dollars  and  ten  cents; 

To  S.  Satterwhite,  fiftj  dollars  ; 

To  Jas.  II.  Holt,  twenty-ei<::;lit  dollars  .-iml   torty  cents; 

To  J.  B.  Fulton,  one  liundred  and  tliirty-scvcn  dollars 
and  forty  cents : 

To  G.  W.  (uiolako,  sixty-six  dollars  antl  tliirty-r<'iir 
cent* ; 

To  Summey,  Spercs  &  Co.,  one  thousand  two  hundred 
and  eight  dollars  and  ninety-four  cents; 

To  E.  L.  Triplett,  thirty-six  dollars  an.l  fifty  cents ; 

To  B.  H.  Merriuian,  fourteen  dollars  and  eighty-seven 
cents ; 

To  Jesse  S.  Smith,  sixty-six  dollars  and  sixty-five  cents  . 

To  B.  J.  Smith,  twent^'-two  dollars  : 

To  Thos.  G.  "NVhitaker,  fourteen  dollars; 

To  T.  L.  Skinner,  and  .1.  AV.  L.  Benton,  af<t.,  six  hun- 
dred and  ei^ht  dollars; 

To  Green  county,  four  thousand  two  hundred  and  forty 
dollars  and  seven  cents  ; 

To  l*er(juin)ans  county,  six  thousand  nine  ImiMlrcl  and 
six  dollars  and  thirty-five  cents; 

To  Catawha  county,  two  thousaml  eight  hundred  ami 
fifty-six  dollars  and  sixty-one  cents ; 

To  Lincoln  county,  four  thousand  and  scvent^'-six  dol- 
lars and  forty-threo  oents  ; 

To  Washington  county,  six  thousand  thi'co  huiiilri-d  and 
twenty-six  dollars  and  forty-three  cents; 

To  Z.  B.  Vance,  one  thousand  eight  hum  lied  and  six 
f^-en  dollars  and  twenty-eight  cents; 

T<»  II.  T.  Woisteidiolnu'S,  two  huiidrcd  and  eighty  six 
dcdlars  and  forty-five  cents  : 

To  P.  II,  Thrash,  nine  hundred  and  forty-four  dollars 
and  thirty  cents ; 

To  Committee  of  Safety  at  Newhern,  II.  T.  Jenkins, 
a.HHignee,  f<»ur  thousand  five  hundred  and  eighty-one  dol- 
lars and  eighty-six  cents; 


1861.]        Statu  Convention.  67 


Board  of 
inib- 


To  Camden  county,  ciii;lit  thousand  five  hundred  and  one  coar 
doUars  and  ninety-seven  cents  ;  pisburscmenu 

To  Union  county,  six  thousand  and  ninety-one  dollars 
and  eighteen  cents ; 

To  Rowan  county,  two  thousand  six  hundred  and  forty- 
five  dollars  and  eighty-six  cents  ; 

To  Jones  county,  five  thousand  three  hundred  and  twenty 
dollars  and  ninety-seven  cents; 

To  Moore  county,  five  thousand  four  hundred  and 
tAventy-six  dollars  and  six  cents  ; 

To  "Warren  county,  one  thousand  nine  hundred  and 
sixty-five  dollars  and  ninety-eight  cents  ; 

To  New  Hanover  county,  seven  thousand  one  hundred 
and  seventy-two  dollars  and  eighty-three  cents  ; 

To  Robinson  county,  six  thousand  two  liundred  and 
twenty-five  dollars  and  eight  cents  ; 

To  Forsyth  county,  seven  thousand  five  hundred  and 
seventy-eight  dollars  and  nineteen  cents  ; 

To  Pasquotank  county,  eight  thousand  and  fifty  dollars 
and  fourteen  cents ; 

To  Commissioners  of  the  Town  of  Wilmington,  fifty- 
eight  thousand  four  hundred  and  forty-seven  dollars  and 
sixty  cents  ; 

To  Sampson  county,  ten  thousand  six  hundred  and  sixty- 
two  dollars  and  thirty-nine  cents  ; 

To  Chatham  county,  four  thousand  three  hundred  and 
forty  dollars  and  forty-one  cents  ; 

To  Davie  county,  four  thousand  eight  hundred  and  twenty- 
six  dollars  and  seventy-nine  cents  ; 

To  Johnston  county,  seven  thousand  three  hundred  and 
seventy  dollars  and  ninety-three  cents  ; 

To  Guilford  county,  five  thousand  seven  hundred  and 
ninety-five  dollars  and  ten  cents ; 

To  Randolph  county,  five  thousand  seven  hundred  and 
seventy-two  dollars  and  sixty-three  cents  ; 

To  Duplin  county,  three  thousand  seven  hundred  and 
ninety  dollars  and  fifty-seven  cents  ; 

To  Beaufort  county,  fourteen  thousand  six  hundred  and  ^ 
ninety-seven  dollars  and  six  cents ; 


68  State  Convention.  [Dec, 

To  Charles  H.  K.  Taylor,  ass.,  five  hundred  and  four 
dollars  and  sixty-eight  cents  ; 

To  R.  L.  Myres,  agent  for  ^»cwbcrn,  Washington,  and 
Hyde  county  Steamboat  Company,  three  thousand  dollars; 

To  Edwin  Want,  three  hundred  and  ninety-nine  dollars 
and  sixty-five  cents  ; 

To  Martin  county,  seven  thousand  two  hundred  and  sixty- 
Beven  dollars  and  ninety-seven  cents  ; 

To  J.  R.  Bailey,  four  dollars  and  twenty  cents ; 

To  C.  E.  Shoher,  trustee  for  W.  J.  McConnel,  twenty- 
seven  dollars  and  eighty  cents  ; 

To  Currituck  county,  six  thousand  one  hundred  and 
twenty-four  dollar*  and  five  cents; 

To  Yadkin  county,  five  thousand  four  hundred  and  fifty- 
nine  dollars  and  four  cents ; 

The  foregoing  sums  having  been  allowed  to  the  persons^ 
counties,  companies,  &c.,  by  the  Board  of  Claims,  and 
specified  in  the  report  of  said  Board  made  to  this  Conven- 
tion at  the  present  session. 

'     [Signed,]  RICHARD  H.  SMITH, 

in  behalf  of  Finance  Committee. 

December  11,  1861. 
\ Ratified  the  12tJi  day  of  December,  1861.] 


[No.  18.]  AN  ORDINANCE  TO  REGULATE  MILITIA  MUSTER. 

ToMWMbia  Be  it  ordained  htj  this  Convention^  and  it  is  hereby  or- 

dained by  the  authority  of  the  same,  That  the  militia  of 
this  State  shall  not  be  required  to  assemble  for  tlie  purpose 
of  drill  and  muster,  more  than  once  in  each  month,  except 
for  battalion  or  regimental  muster.  [^Ratified  the  12th  day 
of  December f  1861.] 


1861.]        State  Convention.  69 

AN  ORDINANCE  FOR  SUPPRFSSING  OPPRESSIVE  [No.  19.] 
SPECULATION  UPON  THE  PRESENT  NECESSI- 
TIES OF  THE  PEOPLE. 

1.  Be.  it  ordained  by  the  people  of  North  Carolina,  in  Makes  specuiR- 
Vonvention  assembled^  and  it  is  hereby  ordained  by  the  meaner. 
antJiority  of  the  same,  That  whoever  shall  engross  or  get 
into  his  hands  by  buying,  contracting,  or  other  means, 
except  by  producing,  coi-n  or  other  grain  growing  in  the 
fields,  or  any  other  corn  or  grain,  pork,  or  beef,  either  fish, 
salted  or  smoked,  cheese,  fish,  coffee,  sugar,  tea,  salt,  salt- 
petre, or  other  dead  victuals  whatever,  and  also  katjber,  to 
the  intent  to  sell  the  same  again  at  unreasonable  prices,  or 
to  keep  the  same  from  market,  and  prevent  the  same  from 
passing  into  the  hands  and  use  of  the  people,  or  to  any 
other  intent  than  to  his  own  use  and  consumption,  or  for 
sale  at  reasonable  prices,  or  for  charitable  distribution 
amongst  poor  and  necessitous  persons  ;  and,  whosoever  hav- 
ing in  his  hands,  by  the  means  aforesaid,  any  of  the  before- 
mentioned  articles  not  intended  for  his  own  use,  or  that  of 
his  family  or  dependants,  or  for  some  such  charitable  use 
as  aforesaid,  shall  refuse  to  sell  the  same  to,  or  shall  ask 
and  demand  therefor  unreasonable  prices,  from  any  person 
or  persons  desiring  and  offering  to  purchase  for  theii;  own 
personal  use,  or  for  that  of  their  families  or  dependants,  or 
for  such  charitable  use  as  aforesaid,  shall  be  deemed  an  un- 
lawful engrosser ;  and  whosoever  shall  make  any  motion, 
by  word,  letter,  message,  or  otherwise,  to  any  person  or 
persons,  for  the  enhancing  of  the  price,  or  dearer  selling  of 
anything  above  mentioned,  or  els9  dissuade,  move,  or  stir 
any  one  coming,  or  purposing  to  come  to  any  city,  market, 
post,  or  place  within  this  State,  to  abstain,  forbear  to  bring, 
or  convey  any  of  the  things  before  rehearsed  to  any  such 
city,  town,  maiket,  or  other  place  to  be  sold,  shall  be  deemed 
a  forestaller ;  and  wLosover  shall  make  any  promise,  enter 
into  any  agreement,  or  come  to  any  understanding  with  any 
other  person  or  persons,  that  he  shall  not  sell  any  of  the 
things  before  rehearsed,  but  at  certain  prices,  or  at  not  less 


70  Statk  Convention.  [Dec, 

thftn  certain  prices,  shall  be  deemed  an  unla^vful  conspirator  ; 
and  any  pcrbon,  upon  conviction  of  cither  of  the  said 
oflfcnccs,  by  verdict  or  confession,  shall  be  punished  as  for 
a  misdemeanor,  and  shall  be  required  to  enter  into  recogni- 
zance with  sufficient  surety  for  his  good  behavior  for  the 
sp:icc  of  throe  years,  in  such  suina  as  the  court  may  direct : 
J'rovuhdf  That  upon  sufficient  cause  being  shown,  upon 
affidavit,  the  court  shall  have  power  to  order  the  taking  of 
depositions  to  bo  read  in  behalf  of  the  accused,  upon  such 
terms  as  the  court  may  decree  on  trial  of  cases  arisin;^ 
under  this  ordinance. 
Tnhrinoprr».  2.  ^iiul  l»'  Ufurtlnji'  oriJiUihd,  That  tliis  ordinance  shall 
rr-Moi  war.  l,c  in  forcc  during  tliG  jii'escnt  war  only,  except  as  to  prose- 
cutions which  may  be  pending  and  undetermined  at  the  end 
of  the  war;  and  may,  in  the  mean  time,  be  repealed  or 
modiiied  by  the  General  Assembly.  [^lixlUh-il tl.  11///  ,hni 
of  December^  18G1.]  ^ 


,[No.  20.]  AN  ORDINANCE  FOR  CONTINUING  THE  BOARD 
CREATED  BY  AN  ORDINANCE  OF  THIS  CON- 
VENTION, PASSED  THE  EIGHTH  DAY  OF 
JUNE,  18(J1,  ENTITLED  AN  ORDINANCE  TO 
VROVIDE  FOR  THE  APrOINTMENT  OF  A 
KoARD  OF  CLAIMS,  AND  FOR  ENLARGING 
THE  JMAVEKS  AND  DUTIES  OF  SAID  BOARD. 

Rjiirad<tbr  1.  Be  it  ordained  by  this   Convention,  mid  it  is  hereby 

1ft,  iMj.  ""  ordained  bi/  the  authority/  of  the  same,  That  tlic  above- 
recited  ordinance,  and  the  Board  thereby  created,  be,  and 
the  same  are  hereby  continued  and  extended  until  the  first 
day  of  January,  which  shall  be  in  the  year  one  thousand 
light  hundred  and  sixty-three,  Subject,  however,  to  any 
provision  hereafter  made  on  the  subject  by  this  Convention, 
j)revious  to  the  time  mentioned. 
Addiiiuoai  2.  Be  it  further  ordained.  That  besides,  and  in  addition 

daUw  of  Uio  •'  '  -  '  • 


BommL 


to  the  duties  conferred  and  enjoined  by  said  ordinance,  the 
said  Board  shall  have  power,  and  it  shall  bo  their  duty  to 


1861.]  State  Convention.  71 

examine  and  pass  upon  all  accounts  for  expenditures  made, 
or  responsibilities  incurred,  or  allowances  claimed  by  any 
and  every  disbursing  agent  which  have  not  already  been 
finally  settled,  and  allowed  at  the  Treasury,  according  to 
existing  law,  and  no  such  account  shall  hereafter  be  settled, 
allowed,  or  paid  at  the  Treasury,  unless,  and  until  the  same 
shall  have  first  been  passed  upon  and  allowed  and  certified 
by  the  said  Board,  and  when,  on  the  examination  of  any 
such  claim,  or  of  any  contract  made,  the  Board  shall  be 
satisfied  that  any  disbursing  officer  or  agent  of  the  State, 
siiall  have  been  guilty  of  any  fraud,  peculation,  or  other 
malfeasance  in  his  said  oflfice,  or  agency,  or  where  any  such 
officer  or  agent  shall  fail  to  account  for,  and  pay  into  ^ 
the  Treasury,  or  unto  the  person  or  persons  entitled  to 
receive  the  same,  all  such  funds  of  the  State,  as  in  virtue  of 
his  office  or  agency,  he  ought  so  to  account  for  and  pay  over, 
it  shall  be  the  duty  of  the  Board  to  report  the  same  to  the 
(jovernor,  who  shall,  forthwith,  dismiss  the  defaulting  offi- 
cer or  agent  from  his  said  office  or  agency,  and  the  Board 
shall  also  notify  the  Attorney  General  thereof,  whose  duty 
it  shall  be  to  bring  suit  for  the  recovery  of  all  balances  due, 
and  to  institute  proceedings,  by  W|f.y  of  indictment  or  oth- 
erwise, for  the  punishment  of  such  officer  or  agent,  and  the 
Superior  Court  of  Law,  or  Court  of  Equity,  for  Wake 
county,  shall  have  jurisdiction  of  such  proceedings  according 
to  the  nature  thereof. 

3.  Be  it  further  ordained,  That  for  the  making  of  a  full  rowoio of 
investigation  of  all  cases  under  the  second  section  of  this  lo  hnc"\i'lr'iftion 
ordinance,  for  the  discovery  of  any  fraud,  peculation  or  " 
other  malfeasance,  and  for  the  ascertainment  of  the  true 
state  of  any  account  or  claim,  the  Board  sliall  have  power 
to  compel  the  attendance  of  witnesses,  the  production  of 
papers,  and  to  examine  not  only  the  witnesses,  but  any  such 
officer  or  agent,  upon  interrogations  cither  verbal  or  written, 
as  the  Board  may  deem  proper,  and  to  compel   answer 
thereto  by  process  of  conterypt,  as   is  usual  in  Courts  of 
Uecord  of  common  law  jurisdiction. 


72 


State  Convention. 


[Dec, 


nWniri  to  muk* 
qwutmiy 
liyuito  to  the 


The  Board  to 
report  Mrmi- 
BDnUBllT  to  tbr 
UoTeriKir 


i!«Unr  |2,U(» 


Liuticfl  of  the 

BOATd. 


4.  Be  it  further  ordained,  That  all  disbursing  officers 
and  agents  intrusted  with  the  care  and  expenditui'e  of  the 
funds  of  the  State,  whose  accounts  and  dealings  shall  not 
have  been  already  finally  settled  according  to  existing  laws, 
shall  make  (juarterly  reports  and  exhibits  of  their  dealings 
and  transactions  therein  to  said  Board,  with  the  vouchers 
belonging  thereto,  at  such  time  in  each  quarter  as  the  said 
Board  may  appoint,  by  notice,  to  the  said  officer  or  agent, 
in  writing,  and  the  said  officer  or  agent  so  notified,  shall 
attend  before  said  Board,  fi-om  day  to  day,  to  give  such 
explanations,  written  or  verbal,  as  the  said  Board  may 
require,  and  in  all  things,  to  submit  to  and  comply  with 
such  directions  as  the  said  Board  may  make,  touching  the 
examining,  auditing,  and  passing  of  such  their  accounts,  and 
if  any  such  officer  or  agent  shall  neglect  or  refuse  to  per- 
form anything  made  his  duty  in  the  premises,  he  shall  be 
reported  by  the  Board  to  the  Governor,  who  shall  forthwith 
dismiss  such  officer  or  agent  from  his  said  office  or  agency, 
and  the  accounts  or  claims  of  such  officer  or  agent  shall  not 
be  allowed,  paid,  or  settled,  but  upon  the  certificate  of  the 
said  Board  that  the  same  are  correct. 

5.  Be  it  fartlwr  ordained.  That  it  shall  be  the  duty  of 
the  said  Board  to  make  a  serai-annual  report  to  the  Gover- 
nor of  the  financial  condition  of  the  State,  with  such 
recommendations  and  suggestions  as  they  may  think  proper, 
and  the  Governor  shall  lay  the  same  before  the  Legislature. 

0.  Be  it  further  ordained,  That  instead  of  the  per  diem 
compensation  allowed  said  Boax'd  by  said  ordinance  of  the 
8th  of  June,  18G1,  each  of  the  said  Commissioners  shall 
be  allowed  a  salary  at  the  rate  of  two  thousand  dollars  per 
annum,  payable  quarterly,  at  the  Treasury,  and  that  the 
said  Board  be,  and  they  are  hereby  authorized  to  employ  a 
messenger  at  a  cost  not  to  exceed  one  elollar  per  day,  to  be 
paid  upon  the  certificate  of  the  Board  at  the  Treasury. 
.  7.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
said  Board  to  prepare  the  accounts  of  the  disbursements  of 
North  Carolina  on  account  of  the  war,  in  such  a  way  and 


*U.]  State  Convention.  .       1^ 

with  5iich  vouchers  as  shall  enable  the  State  to  be  hereat'tei' 
reimbursed  by  the  Confederate  Government^  [Ratified  fh<- 
lltk  day  of  December^  1861.] 


RESOLUTION   CONCERNING    POSTPONING   THE  [No.  i>l.J 
PUBLICATION  OF  COLONIAL  RECORDS. 

Whereas,  Resolutions  ratified  the  twenty-third  of  Feb- 
ruary, 1861,  were  passed  at  the  last  General  Assembly, 
directing  the  printing  of  certain  colonial  and  other  records  : 

Resolved,  That  the  publication  of  the  same  be  suspended  p"'J,'iX"''io„ 
until  further  order  from  this  Convention,  or  of  the  General 
Assembly  of  the  State.     [Tiaflfird  fhc  \2t/i  day  of  Der'em- 
hor,  1861.] 


RESOLUTION    AUTHORIZING    THE    PRESIDENT  [No.  22.] 
TO     CALL     THIS     CONVENTION     TOGETHER 
IF   THE   PUBLIC   INTEREST   REQUIRE   IT. 

Jiesolvcdy  That  the  President  of  this  Convention,  or  in  to  mnvono  ni.- 

1  pi'111  •  1     •         ^  1         Convention 

tlie  event  oi  his  death,  the  committee  named  in  the  re.solu-  i-.r..r.' the lmh, 

•  1  1  January,  it 

tion  of  the  last  session,  be  empowered  to  convene  this  Con-  >!''<•«"«'> 
vontion  before  the  twentictli  of  January  next,  if  the  public 
exigencies  shall  require  it.     \^Ratifit'd  thr  \2>f]t.  day  of  Df- 
remhey;  1861\] 


KESOLUTION  IN  FAVOR  OF  THE  DOORKEEPER  [No.  23.] 
AND  ASSISTANT  DOORKEEPERS. 

Rcsolffd,  That  the  Doorkeeper  and  Assiotaiit  Doorkeep-  Aiiowsfiipacii 
PI R  to  this  Convention   be  :illowod  twenty-five  dollars  each 
for  extra  services  at  the  present  session,  to  be  paid  by  the 
TiTasiiicr  out  of  any  monies  not  otherwise   appropriated. 
[/{(illfird  tlw  V\th  day  of  b>'rn,il>n\  1861.]  , 
10 


Stath  Convrntion.  f  Dec, 

[No.  24.]  AN  ORDINANCE  TO  AUTHORIZE  THE  RAISING 
OF  A  BATTALION  OF  SIX  COMPANIES.  OR 
REGIMENT  OF  TROOPS  FOR  TWRLVE  MONTHS. 

TiMFirMiuri  lie  it  oniaitutl  hif  t)tt$  Cuuvcnttou,  and  it  i.t  hereby 
i,«<i I.  r»«.rr«»  ordained  htf  On'  anthorify  of  the  xanUy  Thnt  the  (lovernor 
\i>  authorized  to  receive  into  the  service  a  Battalion  of 
Infantry,  to  consist  of  .six  companies,  for  twelve  monthfs,  or 
a  regiment  of  ton  companies,  to  be  composed  of  volunteers 
who  belonged  to  the  First  Regiment  of  Nortli  Carolina 
Volunteers,  (the  LaF.iyetto  Light  Infantry,  and  the  Inde- 
pendent Light  Infantry  of  the  town  of  Fayetteville  in- 
cluded.) and  such  others  as  may  enrcill  themselves  with 
them. 
c«B|*Bk-»n.i        Be  it  Jurthi  )•  vrilained,    Tii:il   liie   said  companies  shall 

llr^'tlDVlit  l<>  I      *      •      1  1  1       •  in-  It 

»i««ibrti   on.  have  tlie  right  to  elect  their  commissioned  <»mcers,  and  the 
"r..'rf  battalion  shall  have  the  right  to  elect  a  Lieutenant  Colonel 

and  a  Major,  and  Colonel,  if  a  regiment  be  forme<l,  .said 
officers  of  companies  and  of  the  battalion  or  regiment  to 
be  chosen  iu  accordance  Avith  the  law  now  in  force,  provid- 
ing for  the  election  of  officers  by  the  twelve  months  volun- 
teers :  Provided^  hou'cn>i\  That  the  said  battalion  or  regi- 
ment shall  be  transferred  within  convenient  time  to,  and 
•  accepted  by  the  government  of  the  Confederate  States. 
yUatifud  the  V2th  datf  <>f  Denhdn-r,  \9^i]^.l^ 


I  No.  2.'').)   HESolJ  TIoN   T<  >    PrBLISll    THE    ORDINANCES. 

I.  u-fuui.tirj       HfMolvedy     That  the  Secretary  of  State  have  the  Ordi- 
iM-r.  nances  and  Kesolutions  passed  at  this  session  ot  the  Con- 

vention published  in  three  newspapers  priiitc(l  in  the  city 
Kuleigh,  as  soon  as  it  can  be  convcnicnilv  (loiic.  \  fittfified 
th<  Vlth  daifuf  Ih'cetuhn;  18(51.] 


1861.]  State  Convention.  7.5 

A  RESOLUTION   ASKING    INFORMATION  AS  TO  [No.  26.] 
,    THE  STATE  AND   CONDITION   OF   THE  CAPI^; 
F^EAR  AND  DEEP  RIVER  IMPROA'EMENT. 

WllEKEAt;,  In  February  ]a.st  the  (u-ucral  A^sciuMy  en-  rifami.ic. 
acted  lliat  the  Board  of  Managers  appointed  to  repair  and 
continue  the  improvement  of"  the  Cape  F'ear  and  Deep 
River  Improvement,  and  tor  tliis  purpose  phiccd  at  their 
dispoiial  thirty  thousand  doHars  ;  also  authorized  and  rc- 
([uired  the  Commissioners  uf  the  Cape  F'ear  and  Deep 
Rivcrg  Navigation  Company  to  sell  as  soon  as  they  may 
deem  advisable  the  States'  interest  in  said  works,  and 
whercaif,  it  is  represented  that  said  works  arc  likely  to  suf- 
fer great  damage  from  the  want  of  repairs  that  would  cost 
but  a  small  sum  : 

Resolved,    That  His  Excellency,  the  Governor,  be  re-  ini...n,»iion 
spectfully  requested  to  inform  this  Convention  of  the  state  Governor.  " 
and  condition  of  said  works,  and  all  the  information  in  his 
possession  as  to   what  hath  been  done,  or  is  likelv  to  be 
done  under  said  act  of  Assembly. 

Resolved,  further,  That  said  Board  of  Managers  be  BoanioiMan. 
requested  to  report  at  the  earliest  day  convenient  to  this  to  report. 
Convention  all  that  they  have  done  under  said  act  of  As- 
sembly, a  full  and  detailed  account  of  the  state  and  condi- 
tion of  said  improvement,  and  what  in  their  judgment  is 
the  best  to  be  done  with  the  same.  [Ratified  the  12th  da// 
of  December,  1861.] 


RESOLUTION  IN  FAVOR  OE  D.  D.  EEREBEE,  ESQ.  ("No.  27.] 

Resolved,    That  the  Treasurer  pay  to  D.  D.  Ferebee,  the  r»v,-.f.;i, 
amount  of  his  expenses  incurred  as  Commissioner  to  Rich- 
mond, amounting   to   thirty-eight    dollars.     [Ratified  the 
\'Sth  daif  of  Deeemher.  1861.] 


ORDINANCES  AND  RESOLUTIONS 


PASSED    BY 


THE    STATE    COiWENTlON 


OF 


NOlim    (^AHOIJNA. 


<!ri)iiti  S'r^slon  in  Januavp  anti  ,iFrlnunvp,  18ti2. 


RALEIGH: 
J0H:«J    W.    8YME,    TRINTER    TO    TUE    CONVENTION. 

1862. 


ORDINANCES  AND  RI18OIJITION8 

OF    THE 

STATE  CONVENTION 

OF 

NORTH    (CAROLINA. 

rillRU    SP.SSION    IN    JAMJAKV    AM>     l-'EBRUAKV,    1862. 


AN  ORDINANCE   TO   AUTHORIZE    THE  GOVER-  [No.  1.] 
NOR    TO    EMBODY    THE    MILITIA    FOR    THE 
DEFENCE  OF  THE  STATE. 

Be  it  ordained  by  the  Uelegates  of  the  people  of  North  Toexp.-i 
Carolina,  in  Convention  asseml)ti'd,  ana  it  is  hereby  ordained 
hy  the  authority  of  the  same,  Tliat  for  the  emergency  men- 
tioned in  his  message  of  to-day,  the  Governor  of  the  State  is 
hereby  autliorized  to  order  out  such  portions  of  the  militia, 
as  he  may  deem  necessary  to  repel  the  invasion  of  the 
State.     [Ratified  the  21st  day  of  January,  1862.] 


AN  ORDINANCE  TO  MODIFY  AND  PERFECT  [No.  2. J 
AN  ORDINANCE  PASSED  AT  THE  LAST  SES- 
SION OF  THE  CONVENTION,  ENTITLED  ^'AN 
ORDINANCE' TO  PROVIDE  FOR  THE  RAISING 
OF  MONEY  FOR  THE  SUPPORT  OF  GOVERN 
MENT.  AND  FOR  THE  ISSUE  OF  TREASURY 
NOTES  FOR  THE  PURPOSE  OF  IWYING  Till": 
PUBLIC  DEBT    AND    PURCHASING    SUPPLIFS 


80  SXAXE  CoNVBNTioK.  [Jan., 

von  THE  MILITARY  FORCES  EMPLOYED 
FOR  DEFENCE  IN  TliE  PRESENT  WAR,  AND 
R»R  OTHER   PIRPOSES. 

umxr.Bi^  ih.i  1 .    He  it  ordain*  d  hy  thr  Ihlrt/atif  of  the  people  of  North 

it  CaroUno,  in  Coniuntion  an^K mhlid,  and  if  ix  herehu  ordained 

I  hif  thi  authoi-iftf  of  the  miiw^  That   so   rmicli   »>f  the   ordi- 

iiunce  passed  at  the  last  session  of  this  Convention,  entitled 
'*  An  Ordinance  to  provide  for  the  raisin^r  of  money  for  the 
.support  of  (loverninent,  and  fur  tlie  issue  of  Treasury 
notes  for  the  purpose  of  paying  the  puhlic  debt,  and  pur- 
chasing supplies  for  the  military  forces  employed  for  de- 
fence in  the  present  war.  and  for  other  purposes,  "  as 
provides  for  the  Treasury  notes  therein  ])rovided  for,  to 
hear  interest  from  date,  he  rescinded  and  annulle<l :  Pro- 
eidrd.  That  this  ordinance  shall  not  operate  on  the  notes 
issued  before  the  passage  of  this  ordinance. 
Ofnominaiion.  _>.  /i,  if  further  ordai7ied,  That  the  said  ordinance  be  so 
"•*  amended  r.s  to  provide  and  require  that  [of]  the  whole  of  the 

Treasury  notes  liereafter  to  be  issued  under  the  provision 
of  said  ordinance,  one-half  shall  he  issued  of  the  denomi- 
nations of  five  dollars,  one-fourth  of  the  denominations  of 
ten  dctllars,  and  the  other  fiuu'th  of  the  denominations  of 
twenty  (hjllars,  and  in  the  course  of  issuing  the  said  notes, 
from  time  to  time,  the  said  relative  pr(»portions  shall  be 
,  <ibserved  as  near  as  may  be.     \^1\nfift'd  fhr  "l^yfh  daij  vf 

Jonuari/,  18G2.  ] 


v.      '.1      A    KKSoLCTlON  AUTllOUlZlNCi   \VM.   U.  UlLirK 
TO  USE  CENSUS  RETURNS. 

/{(gnh'iif.  Tiial  the  Secretary  of  State  he  authorize*!  to 
allow  \Vm.  R.  Gulick  to  use,  either  in  or  out  of  iiis  office, 
for  two  months,  the  Census  Returns  of  18G0,  or  until  they 
.'^hall  be  e.ilU'd  for  by  an  authorized  agent  of  the  (Jovern- 
nn-nt  ,<d'  the  ('onfederate  States,  provided  the  same  be  not 
removed  from  the  City  of  I{:ileigli.  [^Itatified  the  2rjfh  dai/ 
of  January.  18G-.] 


hr(urB>or  IMK) 


1862.1  STATK  CoNVENtlON.  ^i 

AN  ORDINANCE  TO  RATIFY  AND  CONFIRM  [No.  4.] 
THE  ACTS  AND  JUDICIAL  TROCEEDINGS  OF 
THE  SUPERIOR  COURTS  LATELY  HELD  BY 
HIS  HONOR,  JUDGE  FRENCH,  IN  THE  COUN- 
TIES OF  HENDERSON,  BUNCOMBE,  MADISON 
AND  YANCEY. 

Whereas,  The  Superior  Courts  for  the  counties  of  Hen-  tonru h^i,i  at 
derson,  Buncombe,  Madison  and  Yancey,  at  the  Fall  Terms     *"  ""^''**'"'*' 
thereof  weie,  by  mistake,  held  at  the  wrong  time;  an<i, 
whereas,   pleas  were  filed,  judgments  rendered,   recogni- 
zances entered  into,  judgments  found,  and  various  other 
acts  were  done  by  said  courts : 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North,  Prorppjinirs  or 

yy         T  •      y>  .  7,7  7    .      .     7  T  ,  the  Courts 

Varolma,  in  Convention  assembled,  and  it  is  hereby  ordained  rutiuea. 
by  the  authority  of  the  same.  That  the  said  pleas,  judg- 
ments, recognizances,  indictments,  and  all  other  judicial 
proceedings,  which  were  rendered,  entered  and  found  at 
the  terms  of  the  courts  aforesaid,  are  hereby  made  valid, 
and  in  all  things  ratified  and  confirmed. 

2.  Be  it  further  ordained.    That  the  Courts  of   Pleas  TimpsofhoM- 

'  >ng  the  Oourtu 

and  Quarter  Sessions  to  bo  held  hereafter  for  the  counties  n-p'-'fie.!. 
of  Henderson,  Buncoml)e,  Madison,  Yancey  and  Polk,  at 
the  Fall  Terms,  be  held  at  the  following  times,  viz :    Hen- 
derson, on  the  second  Monday  after  the  fourth  Monday  in 
September ;    Buncombe,  on  the  third  Monday  after  the 
fourth   Monday    in  September ;    Madison,  on  the  fourth 
Monday  after  the  fourth  Monday  in  September ;    Yancey, 
on  the  fifth  Monday  after  the  fourth  Monday  in  Septem- 
ber;   and  Polk  on  the  twelfth  Monday  after  the  fourth' 
Monday  in  September  in  each  and  every  year.     This  sec- 
tion to  continue  in  force  until  the  same  may  be  repealed 
by  act  of  the  Legislature  or  otherwise.     [Ratified  the  21th 
day  of  January,  1862.] 
11 


83  Staik  Cokvention'  [Jan., 

TNo  5 1  Mi  ORDINANCE  TO  ABROGATE  THE  FOURTH 
.SECTION  OF  AN  ACT  OF  THE  LEGISLATURE 
OF  THE  STATE  OF  NORTH  CAROLINA,  PASSED 
AT  THE  LAST  EXTRA  SESSION,  ENTITLED, 
"AN  ACT  ENTITLED  REVENUE. 

Abrr«»u«4Ui        ^g  it  ordained  bu  the   Delegates  of  the  people  of  North 
*«<  Carolina  in  Convention  assembled,  and  it  is  hereby  ordained 

lit/  the  authority/  of  the  same,  That  the  fourth  section  of  an 
act  of  tlic  last  extra  session  of  the  General  Assembly  of 
the  State  of  North  Carolina,  entitled  "An  Act  entitled 
Revenue,"  be,  and  the  same  is  hereby  annulled  and  abro- 
irated.     [Ratified  the  SOth  dajf  of  January,  18G2.] 


[.N...  <..J  AN  ODINANCE  TO  ENCOURAGE  THE  MINING 
AND  MANUFACTURING  OF  SALT  IN  THE  IN- 
TERIOR OF  THIS  STATE. 

Tt''    .  Whereas,    It  is  of  great  importance  to  manufacture 

'„:  .  Salt  in  the  interior  of  this  State  ;  and  whereas,  a  company 

has  been  incorporated  under  the  name  and  style  of  "The 
Chatham    Salt    Mining   and    Manufacturing   Company," 
which  is  operating  for  that  purpose  in  the  county  of  Chat- 
ham ;  therefore, 
■■•"'i-  •■■ '       1.  Be  it  ordained  bu  the  Dehiutivs  of  the  people  of  North 

truW  lulllUa  _.  "^  ^  ... 

Jutj  Carolina  in  Convention  assembled,  and  it  is  hereby  ordained 

by  the  authority  of  the  same.  That  the  President  and  oper- 
atives of  said  company,  to  the  number  of  six,  be,  and  they 
are  hereby  exempted  from  militia  duty,  for  the  space  of 
»ix  months,  except  in  case  of  invasion,  insurrection,  or 
upon  a  reijuisition  for  troops  by  the  President  of  the  Con- 
federate States. 
uHiui  rtork  2.  Be  it  further  ordained,  That  said  Company  may  in- 
crease its  capital  stock  to  an  amount  not  exceeding  ten 
thousand  dollars. 

Kinnpi,  tpui  3.  Be  it  further  ordnined.  That  the  capital  stock  of  said 
(''>mj):iny  be  exempted  from  taxation  for  six  month.s.  [Rat- 
tfii-d  tlw.  liOth  day  of. January,  l«l)2.] 


1862.]        State  Convention.  83 

AN  ORDINANCE  IN  ADDITION  TO  AND  AMEND-  [No.  7.] 
MENT  OF  AN  ACT  OF  THE  GENERAL  ASSEM- 
BLY, RATIFIED  THE  ISxir  DAY  OF  FEBRUARY, 
1861,  ENTITLED  "AN  ACT  TO  INCORPORATE 
THE  CHATHAM  RAILROAD  COMPANY,"  AND 
TO  REPEAL  AN  ACT  SUPPLEjMENTAL  THERE- 
TO, RATIFIED  THE  23rd  DAY  OF  FEBRUARY, 
1861. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  Toconn.rt  wiui 
Carolina  in  Convention  asBemhled,  and  it  is  hereby  ordained  ntorwii'hinis 

TT  T       ■  j>    1  rni"  •         n  o  n  niilosof  Ralfigli 

by  the  authority  of  the  same,  That  section  first  of  an  act  of 
the  General  Assembly,  ratified  the  fifteenth  day  of  Fcljru- 
ary,  one  thousand  eight  hundred  and  sixty-one,  entitled 
"An  Act  incorporating  the  Chatham  Ilailroad  Company," 
be  amended  by  inserting-  after  the  words,  "  from  the  Coal- 
fields, in  the  county  of  Chatham,  through  said  county," 
the  words,  connect  with  the  North  Carolina  Railroad  at,  so  -  * 

as  to  make  the  section  read,  "  to  connect  with  the  North 
Carolina  Railroad  at  Raleigh,  or  some  point  west  of  Raleigh 
not  exceeding  twelve  miles." 

2.  Be  it  further  ordained^    That  the  proviso  in  section  rrovi-ion 
four  of  said  act  of  the  General  Assembly  be  stricken  out. 

3.  Be  it  further  ordained^    That  an  act  of  the  General  kcpohIs  sum.i. 
Assembly,  ratified  on  the  twenty-third  day  of  February, 

one  thousand  eight  hundred  and  sixty-one,  entitled  "  An 
Act  supplemental  to  an  act  passed  at  the  present  session 
of  the  General  Assembly,  entitled  "  An  Act  to  incorporate 
the  Chatham  Railroad  Company,"  be,  and  the  same  is  here- 
by repealed  and  abrogated. 

4.  Be  it  further  ordained,  That  all  such  solvent  corpo- oiiHrcf.ii...i:. 

1      11  1  •!  1  •       1  1        »«     1        tions  FuliPfril"- 

rations  as  may  or  shall  subscribe  to  the  capital  stock  of  the  >np  ^  t'lr 
said  Chatham  Railroad  Company,  may  malce  their  bonds  chMh«m  u.  k. 
payable  to  the  Public  Treasurer  of  the  State  of  North 
Carolina  for  the  amount  of  their  subscriptions  to  said  cap- 
ital stock,  and  no  more  ;  which  said  bonds  are  to  be  signed 
by  the  Presidents,  and  under  the  seals  respectively  of  said 
corporations,  and  made  for  any  sums  not  under  five  bun-  - 


M  State  lu>vlntio,\,  [Jan., 

clred  dollars  each,  to  boar  interest  at  the  rate  of  six  per 
cent,  per  annum,  which  interest  is  to  ho  ]x\'u\  scmi-nnnually, 
to-wit :  the  first  Monday  in  January  and  July  in  each  and 
every  year ;  and  the  principal  of  said  bond*  to  be  made 
payable  twenty  years  after  date ;  and  these  bonds,  so 
authorized  to  be  made,  may  be  deposited  with  the  Public 
Treasurer  of  the  State,  who  shall  then  issue  und  deliver  to 
the  several  corporations  so  subscribing  ami  depositing  their 
bonds  as  aforesaid,  the  coupon  bonds  of  the  State  of  North 
Carolina,  to  the  amount  of  their  subscribtions  respectively, 
and  made  for  the  sums  of  five  hundred  dollars  and  one 
thousand  dollars,  to  bear  interest  at  the  rate  of  six  per 
cent,  per  annum,  which  interest  is  to  be  paid  semi-annually, 
on  the  first  Monday  in  January  and  July  in  each  and  every 
year,  and  the  principal  of  said  bonds  to  be  made  payable 
twenty  years  after  date  :  Provided,  That  said  bonds  shall 
not  exceed,  in  the  aggregate,  the  sum  of  eight  hundred 
i)r  lof  Mcrt-  thousand  dollars;  and  Provided,  also,  That  said  Chatham 
»ut».  Railroad  Company  shall  execute  and'  deliver  to  the  Gov- 

ernor of  the  State  of  North  Carolina  a  deed  of  mortgage 
under  the  seal  of  said  Company,  wherein  and  whereby 
shall  be  conveyed  to  the  Governor  and  his  successors  in 
office,  for  the  use  and  benefit  of  the  State,  all  the  estate, 
both  real  and  personal,  belonging  to  said  Company,  or  in 
any  manner  pertaining  to  the  same,  conditioned  for  indem- 
nifying and  saving  harmless  the  State  of  North  Carolina. 
from  the  payment  of  the  whole  or  any  part  of  the  bonds 
of  the  State,  authorized  by  this  ordinance  to  be  made  by 
the  Public  Treasurer,  and  delivered  to  the  several  corpora- 
tions subscribing  as  aforesaid  to  the  capital  stock  of  said 
Chatham  Railroad  Company.  In  addition  to  the  deed  of 
mortgage,  hereinbefore  required  to  be  executed  and  deliv- 
ered by  the  Chatham  Railroad  Company,  the  State  of 
North  Carolina  shall,  by  this  ordinance,  liave  a  loin  upon 
the  estate,  both  real  and  personal,  of  said  company,  wliicli 
thoy  may  now  have  or  may  hereafter  accjuire,  to  secure  the 
principal  and  interest  of  the  bonds  of  this  State  author- 
ized to  be  issued  as  aforesaid. 


1862.]        State  Convention.  85 

5.  Be  it  further  ordained,  That  b'aid  bonds  of  fclio  State,  non.isoi  tho 

)  made  by  the  Public  Treasurer,  shall  be  received  by  the  rpooiv<>.i  by  the 
said  Chatham  Railroad  Company  in  payment  of  subscrip- 
tions made  as  aforesaid  by  such  corporations  to  the  capital 
stock  of  said  Chatham  Railroad  Company. 

6.  Be  it  further  ordained.  That  said  corporations  so  coipomtions 
subscribing  and  depositing  their  bonds  as  aforesaid  with  ^cucm  til-ir 
the  Treasurer  of   the   State,  shall  be  allowed  to  redeem 

their  bonds  at  any  time  before  maturity,  in  the  currency 
of  the  State,  on  giving  thirty  days  notice  to  the  Treasurer 
of  this  State  of  thciv  intention  so  to  do. 

7.  Be  it  further  ordained,    That  the  said  Railroad  may  Termini, 
be  constructed  with  termini   at  any  point  or  points  in  the 

said  Coalfields  region  that  the  stockholders  in  said  Com- 
pany may  agree  upon  with  the  approbation  of  the  Board 
of  Internal  Improvements. 

8.  Be  it  further  ordained,  That  the  corporate  authorities  in.-orporn(o.i 

.  ,  ....  ,  -11^  towns  to  lay  a 

of  incorporated  towns  subscribing  to  the  capital  stock  of  tnxu.  pay  their 

•  1    1^1        1  n    •!  1     /-I  •  1  •  t      n        subscriplii  >ns. 

said  Chatham  Railroad  Company,  in  order  to  provide  for 
the  payment  of  their  subscriptions,  and  of  the  principal 
and  interest  of  bonds  for  that  purpose,  by  them  issued, 
shall  have  authority  to  lay  and  collect  taxes  from  all  sub- 
jects, which,  under  the  charters  of  said  towns,  are  taxable. 

9.  Be  it  further  ordained,  ■  That  the  solvency  of  such  soivmov 
corporations  as  may  desire  to  subscribe  to  the  capital  stock 

of  said  Chatham  Railroad  Company  shall  be  judged  of  by 
the  Board  of  Internal  Improvements. 

10.  Be  it  further  ordained,  That  all  laws  and  parts  of 
laws,  all  acts  or  parts  of  acts  inconsistent  with  the  provis- 
sons  of  this  ordinance,  are  hereby  repealed  and  abrogated. 
{^Ratified  the  SOth  day  of  January,  1862.] 


AN  ORDINANCE  TO    INCORPORATE   THE  PIED-  [No.  8.] 
MONT  RAILROAD  COMPANY. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  cnpitui  stock 
{Jarolina,  in  Conventio7i  assemhh'd,  and  it  in  hereby  ordained 
by  the  aabliorily  of  the  mme,  That  a  company  by  the  iiauie 


86 


State  Convention. 


[Fri 


OcttanJ 


IV^^.k"  C.I 

hutwcrlption. 


and  style  of  the  "riedmont  Railroad  Company,  '  bp,  anl 
the  same  is  hereby  incorporated,  with  a  capital  stock 
fifteen  liundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each,  for  the  purpose  of  constructing  a 
railroad  on  the  best,  cheapest,  most  direct  and  practicable 
route  from  the  Richmond  and  Danville  Railroad  to  the 
North  Carolina  Railroad. 

2.  Be  it  further  ordained.  That  for  the  purpose  of  creat- 
iiif^the  capital  stock  of  said  company,  the  following  persons 
be,  and  they  are  hereby  appointctl  general  commissioners: 
Wm.  T.  Sutherlin,  of  Danville ;  William  P.  Watt,  John  H. 
Dillard,  George  D.  Boyd  and  William  B.  Carter,  of  Rock- 
ingham ;  Phil.  Barrow,  John  F.  Poiudexter  and  A.  J. 
Stafford,  of  Forsyth  county;  William  A.  Lash,  John  J. 
Martin  and  Jas.  Riason,  of  Stokes  county ;  Jesse  H.  Lind- 
say, Levi  M.  Scott  and  Ralph  Gorrell,  of  Guilford  county ; 
Bedford  Brown,  Thomas  D.  Johnston,  Allen  Green  and 
Montford  McGee,  of  Caswell  county;  Giles  Mebane,  Jesse 
TiMut  and  Eli  F.  Watiron,  of  Alamance ;  Jno.  W.  Cunning- 
ham, Edwin  G.  Read  and  Thos.  McGee,  of^thc  county  of 
Person;  Wm.  Johnston,  of  the  town  of  Charlotte;  Jani 
C.  Turrcntine  and  Wm.  F.  Strayhorn,  of  the  county  of 
Orange  ;  Benjamin  A.  KittrcU,  of  the  town  of  Lexington ; 
IL  C.  Jones,  Sr.,  of  Salisbury ;  Jonathan  Worth,  of  the 
town  of  Ashboro' ;  Wm.  P.  Taylor,  of  Pittsboro' ;  whose 
duty  it  sliall  be  to  direct  the  opening  of  books  for  sub- 
scriptions of  stock  at  such  times  and  places,  and  under 
such  persons  as  they,  or  a  majority  of  them,  may  deem 
proper,  and  in  the  mean  time  it  sliall  and  may  be  lawful 
for  books  of  subscriptions  to  said  stock  to  be  opened  in 
the  town  of  Charlotte  under  the  direction  of  John  A. 
Young,  Wm.  John.>>ton  and  James  W.  Osborne,  or  any  one 
of  them ;  in  Concord,  under  the  direction  of  V.  M.  Bar- 
ringer,  Caleb  Phifer  and  Daniel  Coleman,  or  any  one  of 
them  ;  in  Salisbury,  under  the  direction  of  Nathaniel  Boy- 
den,  N.  N.  Fleming,  J.  L  Shaver,  or  any  one  of  them  : 
at  Lexington,  under  the  direction  of  Wm.  R.  Holt,  Jolm 
P.  Mabrey  and  Samuel  Hargrove,  or  any  one  of  them  :  at 


^ 


1862,T  Statb  Convention.  st 

High  Point,  under  the  direction  of  W.  F.  Bowman,  Dr. 
Robert  Lindsay  and  Nathan  Hunt,  or  any  one  of  them ; 
at  Greensboro',  under  the  direction  of  James  Sloan,  Jed. 
II.  Lindsay  and  J.  A.  Long,  or  any  one  of  them;  at 
Salem,  under  the  direction  of  D.  II.  Starbuck,  J.  G.  Lash, 
Francis  Fries  and  C.  L.  Bonner,  or  any  one  of  them ;  at 
Danbury,  under  the  direction  of  Nathaniel  Moody,  A.  11. 
Joyce  and  S.  Tajdor,  or  any  one  of  them :  at  Graham, 
under  the  direction  of  Thomas  Ruffin,  Jr.,  John  Trollinger 
and  Edward  Holt,  or  any  one  of  them ;  at  Roxboro',  under 
the  direction  of  Charles  Winstead,  Dr.  C.  H.  Jordan  and 
Green  Williams,  or  any  one  of  them  ;  at  Yanceyville,  under 
the  direction  of  John  Kerr,  Dr.  N.  M.  Roan  and  Thomas 
W.  Graves,  or  any  one  of  them ;  at  Milton,  under  the 
direction  of  Samuel  Watkins,  John  Wilson  and  Thomas 
Donaho,  or  any  one  of  them ;  at  Wcntworth,  under  the 
direction  of  John  ^Y.  Ellington,  W.  M.  Ellington  and  B. 
J.  Low,  or  any  one  of  them ;  at  Madson,  under  the  direc- 
tion of  Wm.  L.  Scales,  Joseph  H.  Cardwell  and  Nicholas 
Dalton,  or  any  one  of  them ;  at  Leaksville,  under  the  direc- 
tion of  George  L.  Aiken,  Jones  W.  Burton  and  E.  T. 
Brodnax,  or  any  one  of  them ;  at  High  Rock,  under  the 
direction  of  Francis  L.  Simpson,  Dr.  R.  H.  Scales  and 
Geo.  W.  Garret,  or  any  one  of  them ;  at  Danville,  Va., 
under  the  direction  of  William  T.  Sutherlin,  James  M. 
Williams  and  Dr.  T.  P.  Atkinson,  or  any  one  of  them ;  at 
Ilillsboro',  under  the  direction  of  J.  0.  Turrentine,  Henry 
K.  Nash  and  W.  F.  Strayhorn,  or  any  one  them ;  and  in 
the  city  of  Richmond,  Va.,  under  the  direction  of  A.  Y. 
Stokes,  Lewis  E.  Harvey  and  Thomas  N.  Brockenbrough, 
or  any  one  of  them;  and  said  commissioners  shall  have 
power  to  appoint  a  Chairman  of  their  body.  Treasurer,  and 
all  other  officers  their  organization  may  require,  and  sue 
for  and  recover  all  sums  of  money  that  ought,  under  thi^ 
ordinance,  to  be  recovered  by  them  in  the  name  of  said 
corporation. 

3,  Be  it  further  ordained,   That  all  persons  who  are,  by  aui-sciipUoai!. 
(his  ordinance  authorized,  or  wlio  may  be  hereafter,  by  the 


88  Statk  CoKVBKTioif,  [Feb 

Po>>KrtpUon».    general  commissioners,  authorized  to  open  books  of  sub- 
scription, may  do  so  at  any  time  after  the  passage  of  this 
ordinance,  upon  giving  twenty  days  notice  of  the  time  and 
place  when  said   books  shall  be  opened,  and  said  books 
shall  be  kept  open  for  the  space  of  thirty  days,  at  least, 
:ind  as  long  thereafter  as  the  general  commissioners  shall 
direct ;    and  that  all  subscriptions  of   stock  shall  be  in 
shares  of  hundred  dollars,  the  subscriber  paying,  at  the 
time  he  makes  his  subscription,  five  dollars  on  each  share 
by  him  subscribed,  to  the  person  or  persons  authorized  to 
receive  such  subscriptions ;  and  upon  closing  the  books,  all 
such  sums  as  shall  have  thus  been  received  of  subscribers, 
on  the  first  cash  installment,  shall  be  paid  over  to  the  gen- 
eral commissioners,  by  the  persons  receiving  the  same,  and 
in  case  of  failure  to  pay,  as  aforesaid,  such  person  or  per- 
sons, receiving   said  money,  shall   be  personally  liable  to 
said  general  commissioners,  before  the  organization  of  said 
company,  and  to  the  company  itself,  after  the  organization, 
to  be  recovered  within  the  Superior  Courts  of  Law  within 
this  State,  in  the  county  where  such  delinquent  resides,  or 
if  he  resides  in  another  State,  then,  in  any  court  in  such 
State  having  competent  jurisdiction.     The  general  commis- 
sioners .shall  have  power  to  call  on  and  rccjuire  all  persons 
empowered  to  receive  subscriptions  of  stock,  at  any  time 
and  from  time  to  time,  as  a  majority  of  them  may  think 
proper,  to  make  return  of  the  stock  by  them  respectively 
received,  and  to  make  payment  of  all  sums  of  money  paid 
by  subscribers  ;  that  all  persons  receiving  subscriptions  of 
stock  shall  pass  a  receipt  to  the  sul)scriber  or  subscribers 
for  the  payment  of  the  first  instalment,  as   heretofore   re- 
quired to  be  paid,  and  upon  their  settlement  with  the  gen- 
eral commissioners  as  aforesaid,  it  shall  be  the  duty  of  said 
general  commissioners,  in  like  manner,  to  pass  their  receipts 
for  all  sums  thus  received  to  the  persons  from  whom  re- 
ceived, and  such  receipts  shall  be,  taken  and  held  to  be  good 
and  sufficient  vouchers  to  persons  holding  them  ;  that  sub- 
scri|)tiuns  of  Block  may  be  received  as  aforesaid  or  as  here- 
after provided  for,  to  the  aiinMnif  <»l'  lifteen   hundred  thou- 
sand dollars. 


1862.]  State  Convention.  80 

4.  Be  it  further  ordained.    That  it  shall  he  the  duty  of  ThoCompany  to 

,      ,  •'he  UeclRred  a 

said  general   commissioners  to  direct  and  authorize  said  '""'"'^'■SlrJ;^/ 

O  when  $1(H),000 

hooks  of  subscription  to  he  kept  open  until  the  sum  of  one  '"  ^"''''■'■'''•"i- 
hundred  thousand  dollars,  at  least,  shall  be  subscrihed  ii^ 
the  manner  aforesaid,  and  as  soon  as  the  said  sum  of  one 
hundred  thousand  dollars,  or  upwards,  shall  be  subscribed  in 
manner  aforesaid,  and  the  sum  of  five  dolhirs  on  each  share 
paid  as  aforesaid,  the  subscribers  to  said  stock  shall  be,  and 
they  are  hereby  declared  to  be  a  body  politic,  and  corporate 
in  fact  and  in  law,  by  the  name  and  style  of  the  "Pied- 
mont Railroad  Company,"  with  all  tlic  corporate  powers 
jind  authority  tnereby  created  and  granted,  to  be  held  and 
exercised  by  said  company  and  their  successors  and  assigns, 
in  perpetuity,  and  by  that  name  shall  be  capable,  in  law 
and  in  equity,  to  purchase,  hold,  lease,  rent,  sell  or  convey 
estates,  real  and  personal,  and  to  acquire  the  same  by  gift, 
devise  or  otherwise,  so  far  as  shall  be  necessary  for  the 
purposes  embraced  within  the  scope,  object  and  intent  of 
this  charter,  and  shall  have  perpetual  succession  and  a  com- 
mon seal,  which  [they]  may  use,  alter  or  renew  at  pleasure, 
and  by  their  corporate  name,  may  sue  and  be  sued,  plead 
and  be  impleaded,  in  any  court  of  law  in  this  State  or  any 
other  State ;  and  shall  have,  posess  and  enjo}',  all  rights, 
privileges  and  immunities  which  railroad  corporate  bodies 
may  and  of  right  do  exercise,  and  may  make  such  by-laws, 
rules  and  regulations  as  are  necessary  for  the  government  of 
the  corporation,  or  for  effecting  the  object  for  which  it  is^ 
created,  not  inconsistent  with  the  laws  of  this  State  or  of 
the  Confederate  States  of  America. 

5.  Be  it.  further  ordained.  That  as  soon  as  the  sum  of  Meptintfor 
uiie  hundred  thousand   dollars  or  upwards  shall  1)C  sub-  mi'i-i'.ncrH 
scribed,  as  aforesaid,  it  shall  be  the  duty  of  the  general 
commissioners  to  appoint  a  time  for  the  stockholders  to  meet 

in  the  town  of  Greensboro',  in  the  county  of  Guilford, 
which  they  shall  cause  to  be  previously  published  for  the 
space  of  thirty  days,  in  oncf  or  more  newspapers  ;  at  whieh 
lime  and  place,  the  said  stockholders  shall,  in  person  or  by 
proxy,  procee«l  ti>  elect,  by  ballot,  nine  Directors  of  the  com- 
12 


Uln-tlorf 


State  Convention.  [1^'^^> 

pnny,  and  to  enact  all  such  rcpilations  and  by-laws  as  may 
be  necessary  for  the  government  of  said  corporation,  and 
the  transaction  of  its  Inisincss.     The  persons  elected  dircc-    - 
4ori«  at  this  meeting  shall  serve  such  period,  not  exceeding 
one  year,  as  the  stockholders  may  direct ;  and  at  this  meet- 
ing, the  stockholders  shall  fix  on  a  day  and  place  or  places 
when  and  where  the  subsequent  election  of  directors  shall 
he  held,  and  such- elections  shall  thenceforth  be  annually 
made;    but  if   the  day  of   annual  elections   should   pass 
without  any  election  of  directors,  the  corporation  shall  not 
thereby  be  dissolved ;  but  the  directors  in  oflice  shall  so 
remain  until  others  arc  appointed,  and  it  shall  be  lawful 
on  any  other  day  to  make  and  hold  such  elections  in  such 
manner  as  may  be  prescribed  by  a  by-law  of  the  corpo- 
ration. 
yu.iifirjiiionr<.i      0.  Bc  it  fiirtJwr  ordaiiicdy  That  the  affairs  of  saitl  com- 
pany shall  bc  managed  by  a  general  board,  to  consist  of 
nine  directors,  to  bc  elected   by   the  stockholders  from 
among  themselves,  at  their  first  and  subsequent  general 
annual  meetings,  and  no  stockholder  shall  be  elected  a 
director,  nor  serve  as  such,  unless  he  bc  at  the  time  of  his 
election  the  owner  of  five  shares  of  stock,  and  shall  con- 
tinue to  hold  the  same  during  the  term  of  his  service  as 
director. 

7.  Be  it  further  ordained,  That  the  President  of  said 
coni))any  shall  be  chosen  by  ballot  by  a  majority  of  the 
directors  from  among  themselves,  with  a  salary  to  bc  fixed 
by  the'  stockholders  in  general  meeting. 
i  8.  Be  it  further  ordained,  That  all  stockholders,  not 
being  aliens,  shall  be  entitled  to  vote  either  in  person  or 
by  proxy,  the  proxy  being  a  stockholder,  at  all  general 
meetings,  and  the  vote  to  which  each  stockholder  shall  bc 
entitled,  shall  be  according  to  the  number  of  shares  he 
may  hold,  as  hereinafter  provided. 
i(„,i .  y.  Be  it  further  ordained,  That  at  the  first  general  meet- 

ing of  the  stockholders,  under  this  ordinance,  a  majority 
all  of  the  hhares  subsciibed  shall  be  represented  before 
pioceeding  tu  business;  :ind  if  a  sufficient  number  do  not 


rlo^LI. 


1862.]  State  Convisntion.         '  91 

appear  on  the  day  appointed,  those  who  do  attend  shall 
have  power  to  adjourn,  from  time  to  time,  until  a  regu- 
lar meeting  be  thus  formed,  and  at  such  meeting  the  stock- 
holders may  provide  by  a  by-law  as  to  the  number  of 
stockholders,  and  the  amount  of  stock  to  be  held  by  them, 
which  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness at  all  subsequent  meetings. 

10.  Be  it  further  ordained,  That  the  general  commis-  Duties  of  roik- 
sioners  shall  make  their  return  of  shares  of  stock  subscribed  piomrAnev 

„  ^         n  1  •  r»i  ii^-i  organi/.Blion  nf 

tor,  at  the  iirst  general  meeting  of  the  stockholders,  and  the  comrany. 
pay  over  to  the  directors  elected  at  that  meeting,  or  their 
authorized  agent,  all  sums  of  money  received  from  sub- 
scribers; and  on  failure  to  do  so,  they  shall  be  personally 
liable  to  said  company,  to  be  recovered  in  like  manner  as 
other  debts  due  the  company. 

11.  Be  it  further  ordained,  That  the  Board  of  Directors  vacanoio?. 
may  fill  all  vacancies  which  may  occur  in  it  during  the 
period  for  which  they  have  been  elected,  and  in  the  absence 

of  the  President,  may  fill  his  place  by  electing  a  President 
pro  tern,  from  among  their  number. 

12.  Be  it  further  ordained.  That  said  Board  of  Dircc-  Fuitiiorpub 

1111  11-  iir.        scripti'inti. 

tors  shall  have  power  and  authority  to  open  books  for 
further  subscriptions  to  the  stock  of  said  company  at  such 
times  and  under  such  persons  as  they  may  designate,  in 
the  event  the  whole  stock  be  not  subscribed  before  the 
first  general  meeting  of  the  stockholders,  and  to  open  and 
keep  open  such  books,  from  time  to  time,  until  the  whole 
amount  of  capital  stock  be  subscribed. 

13.  Be  it  further  ordained,  That  said  company  shall  rowers  of  tho 
have  power  and  proceed  to  construct,  as  speedily  as  possi-     ""'"'"^ 
ble,  a  railroad,  with  one  or  more  tracks,  from  the  North 
Carolina  Railroad  to  the  Richmond  and  Danville  Railroad 

in  Virginia,  to  be  used  and  operated  by  steam  power;  and 
to  the  end  that  the  said  corporation  may  have  power  and 
authority  to  construct  said  road  within  the  limits  of  the 
State  of  Virginia — this  charter  shall  be  transmitted  by  the 
President  of  this  Convention  to  the  Governor  of  Virginia, 
to  the  end  that  the  legislative  sanction  of   that    State. 


ff2  Statk  Convention.  [Feb., 

npprovinj^  the  ortlinaiice,  may  l>c  ^ivcn  to  sai<l  company,  to 
construct  the  railroad  as  aforesaid  within  the  limits  of  that 
State:  Provided,  That  the  company  formed  under  this 
charter  shall  have  no  power  to  discriminate,  on  either  freij^ht 
or  travel,  against  the  North  Carolina  Railroad,  or  roads  in 
North  Carolina  connected  with  it. 
rti*iit«M.  14.  Be  it  further  ordained^    That  ^aiij   cuiiij)any  shall 

have  the  exclusive  right  of  conveyance  or  transportation  of 
persons,  goods,  merchandise  and  produce,  over  the  roa<l 
constructed  by  them,  at  such  charges  as  may  ho  fixed  upon 
hy  a  majority  of  the  directors;  and  the  said  company  may 
farm  out  their  rights  of  transportation  over  their  said  rail- 
road, subject  to  the  rules  above  mentionetl ;  and  said  com- 
pany, and  every  person  who  may  have  received  from  them 
the  right  of  transportation  of  goods,  wares,  and  produce 
on  said  road,  shall  be  deemed  and  taken  to  be  a  common 
carrier,  as  respects  everything  entrusted  to  them  or  him 
for  transportation, 
in.uinirnt!.  I'J-  Bc  it  further  ordaiticd,  That  the  Board  of  Directors 

upon  »u»»rrii-   j^^.^^  ^.j|j  ^^^j.  ^^^  payment  of  the  sums  subscribed  as  stock 

in  said  company  in  such  instalments  as  the  interest  of  the 
said  company  may  require  ;  the  call  for  each  payment  shall 
bo  published  in  one  or  more  papers  in  this  State  for  two 
muntlis  before  the  day  of  payment,  and  on  failure  of  any 
stockholder  to  pay  each  instalment  as  thus  required,  the 
<lircctors  may  sell  at  public  auction,  on  a  previous  notice 
of  ten  days,  for  cash,  all  the  stock  subscribed  for  in  said 
company  by  such  stockholders,  and  convey  the  same  to  the 
purchaser  at  said  sale,  discharged  from  further  liabilities  ; 
and  if  said  sale  of  stock  does  not  produce  a  sum  sufficient 
to  pay  off  the  incidental  expenses  of  sale,  and  the  entire 
amount  owing  by  such  stockholder  to  the  company  for  such 
Bub.^eription  of  stock,  then,  and  in  that  case  the  whole  of 
such  balance  shall  be  held  and  taken  as  due  at  once  to  the 
coinpany,  and  may  be  recovered  of  such  stockholder  or  his 
executors,  administrators  or  assigns,  at  suit  of  said  company, 
either  by  suunnary  motion  in  any  court  of  supreme  juris- 
diction in  the  county  where  the  delinquent  resides,  on  a 


1862.]  State  Convention.  93 

previous  notice  of  ten  days  to  said  subscribers,  or  by  action 
of  assumpsit  in  any  court  of  competent  jurisdiction,  or  by 
warrant  before  a  Justice  of  the  Peace  when  tlie  sum  docs 
not  exceed  one  hundred  dollars ;  and  in  all  cases  of  assign- 
ment of  stock  before  the  whole  amount  has  been  paid  to 
the  company,  then,  for  all  sums  due  on  such  stock,  both 
the  original  subscribers  and  the  first  and  all  the  subsequent 
assignees  shall  be  held  liable  to  the  company,  and  the  same 
may  be  recovered  as  above  described. 

16.  Be  it  further  ordained^  That  said  company  shall  oeriifiratc!.  oi 
issue  certificates  of  stock  to  its  members,  an<l  said  stock 

may  be  transferred  in  such  manner  and  form  as  may  be 
directed  by  the  by-laws  of  the  company. 

17.  Be  it  further  ordained^  That  the  debt  of  the  stock-  p.i.i.oimrk- 

,        ,  .  .   ,  .    .     holJciN  to  the 

holders  due  to  the  company  tor  stock  therein,  either  origi-  comi-Huy. 
nal  proprietor,  or  as  first  or  subsequent  assignee,  shall  be 
considered  with  equal  dignity  with  judgments  in  the  distri- 
bution of  the  assets  of  a  deceased  stockholder  by  his  legal 
representatives. 

18.  Be  it  further  ordained^  That  the  Board  of  Directors  bohpi  of  nirr. 

tors  to  r«i»<'>iL  to 

shall,  once  a  year,  at  least,  make  a  full  report  on  the  state  stockiioHtrF. 
of  the  company  and  its  affairs,  to  a  general  meeting  of  the 
stockholders,  and  oftener  if  required  by  a  by-law,  and  shall 
have  power  to  call  a  general  meeting  of  the  stockholders 
when  the  board  may  deem  expedient ;  and  the  company  may 
provide,  in  their  by-laws,  for  occasional  meetings  being 
called,  and  prescribe  the  mode  thereof. 

10.  Be  it  further  ordained,  That  the  said  company  may  ni-htj<ofcom- 
purchase,  have  and  hold,  in  fee  or  for  a  term  of  years,  any  <  i.nKc  rea'i 
lands,  tenements,  or  hereditaments  which  may  be  necessary 
for  said  road,  or  appurtenances  thereof,  or  for  the  erection 
of  depositories,  store  houses,  houses  for  the  officers,  ser- 
vants, or  agents  of  the  company,  or  for  the  workshops  or 
foundries  to  be  used  for  said  company,  or  for  procuring 
stone  or  other  materials  necessary  to  the  construction  of 
the  road,  or  for  effecting  transportation  tliereon.  Ki^htfoniio 

"  '  Corop«ny  in 

20.  Bt'  it  further  ordained,  That  the  company  shall  have  ninninp  tii- 
the  right,  when  necessary,  to  conduct  the  said  road  across 


<trma  Un<l' 


94  Statb  Convkntiok.  [Feb., 

or  along  any  public  road  or  water  course  :   Provided,  Tbat 
the  hnu\  rompnny  shall  not  obstruct  nny  public  road  without 
^^  conj^tructing  another  Of|ually  as  jjood  and  convenient. 

Rtekt  tir>rr«  21. ' lic  U  fiirtln'r  ord<dn(dy  Tliat  when  any  land  or  right 

of  way  may  be  required  by  said  company  for  the  purpose 
of  constructing  their  road,  and  for  want  of  agreement  as 
to  the  value  thereof,  or  for  any  other  cause,  the  same  can 
not  be  purchased  from  the  owner  or  owners — the  same 
may  be  taken  at  a  valuation  to  be  made  by  five  freeholders, 
selected  by  the  County  Court  in  the  county  where  the  right 
of  way  is  situated :  Providrdy  ncvcrtht'lfss.  That  if  any 
person  or  persons  over  whose  lands  the  road  may  pass,  or 
if  said  company  should  be  dissatisfied  with  the  valuation 
of  said  freeholders,  then,  and  in  that  case,  the  party  so 
dissatisfied  may  have  an  appeal  to  the  Superior  Court  in 
the  county  wlierc  the  damage  is  done,  or  in  either  county 
where  the  land  may  lie,  under  the  same  rules,  regulations 
and  restrictions  as  in  other  classes  of  appeal ;  the  proceed- 
ing of  the  said  freeholders,  accompanied  with  a  full  de- 
scription of  said  land  or  right  of  way,  shall  be  returned 
under  the  hands  and  seals  of  a  majority  of  them  to  the 
court  from  which  the  order  was  made,  there  to  remain  a 
matter  of  record  ;  and  the  lands  or  right  of  way  so  val- 
ued, shall  vest  in  the  said  company  so  long  as  the  same 
may  be  used  for  purposes  of  said  Railroad,  as  soon  as  the 
valuation  shall  have  been  made,  or  when  refused,  may  have 
been  tendered :  Provided,  That  ou  application  for  the  ap- 
pointment of  freeholders  under  this  section,  it  shall  be 
made  to  appear  to  the  satisfaction  of  the  court,  tliat  at 
least  ten  days'  previous  notice  has  been  given  by  the 
applicant  to  the  owner  or  owners  of  the  land  proposed  to 
be  condemneil,  or  if  the  owner  or  owners  be  infants  or  non 
compos  mentis,  then  to  the  guardian  or  guardians  of  such 
owner  or  owners,  if  such  guardian  can  be  found  within  the 
county,  or  if  he  cannot  be  found,  then  such  appointment 
shall  not  be  made  unless  notice  of  the  application  shall 
'have  been  published  at  least  one  month  next  preceding  in 
some  newspaper  printed  as  conveniently  as  may  be  to  the 


1862.]  State  Convention.  05 

court  house  of  the  county,  and  shall  have  been  posted  at 
the  door  of  the  court  house  on  the  first  day  of  the  term  of 
said  court  to  which  the  application  is  made  :  Provided^ 
further,  That  the  valuation  provided  for  in  this  section 
shall  be  made  on  oath  by  the  freeholders  aforesaid,  which 
oath,  any  Justice  of  the  Peace,  or  clerk,  is  authorized  to 
administer :  Provided,  further,  That  the  right  of  con- 
demnation herein  granted,  shall  not  authorize  the  said 
company  to  invade  the  dwelling  house,  yard,  garden  or 
burial  ground  of  any  individual  without  his  consent. 

22.  Be  it  further  ordained,  That  the  right  of  said  com-  Amount  of  inua 

1  11*, 1  n  -iiii    to  1k!  coiiUemu- 

pany  to  condemn  lands  in  the  manner  as  aforesaid,  shall  cd. 
extend  to'the  condemning  one  hundred  feet  on  each  side 
of  the  track  of  the  road,  measuring  from  the  centre  of  the 
same,  unless  in  case  of  deep  cuts  and  fillings,  when  said 
company  shall  have  power  to  condemn  as  much  in  addition 
thereto  as  may  be  necessary  for  the  purpose  of  construct- 
ing said  road,  and  the  company  shall  also  have  power  to 
condemn  and  appropriate  lands  in  like  mani;ier  for  the  con- 
structing and  building  of  depots,  shops,  Avarehouses,  build- 
ings for  servants,  agents,  and  persons  employed  on  the 
voad,  not  exceeding  four  acres  to  any  one  lot  or  station. 

23.  Be  it  further  ordained.  That  in  the  absence  of  any  Poworsnn.i 

*'     |irivilr)ri'^  in 

contract  or  contracts  with  said  company  in  relation  to  the  '"'•i-""' »"  "'•• 

^         ''  clHiiiied  liiDU.'i 

lands  through  which  the  said  road  may  pass,  signed  by  the 
owner  thereof,  or  his  agent,  or  any  claimant  or  person  in 
possession  thereof,  it  shall  be  presumed  that  the  land  upon 
which  the  said  road  may  be  constructed,  together  with  the 
space  of  one  hundred  feet  on  each  side  of  the  centre  of 
said  road,  has  been  granted  to  the  said  company  by  the 
owner  thereof,  and  the  said  company  shall  have  goo«l  right 
and  title  thereto,  and  shall  have,  hold  and  enjoy  the  same 
as  long  as  the  same  be  used  for  the  purposes  of  the  road, 
and  no  longer,  unless  the  person  or  persons  owning  the 
said  land  at  the  time  that  part  of  the  said  road  which  may 
be  on  the  said  land  was  finished,  or  those  claiming  under 
liim,  her  or  thcui,  shall  apply  for  an  assignment  of  the 
value  of  said  lands,  as  hereinbefore  diiectcd,  within   two 


•J6  Statk  Conventiok.  [Fd 

years  next  after  that  part  of  the  said  road  wliich  may  bo 

on  said  lands  was  finished;  and  in  case  the  owner,  or  those 

claiming  under  liim,  her  or  them,  sliull   not  apply  within 

•  two  years  next  after  the  said  part  was  finished,  he,  she  or 

they  .'^hall  he  forever  barred  from  recovering  said  land,  or 

having  any  assessment  or  compensation  therefor:  Provideil^ 

N«»thing  heroin  contained  shall   affect   the  rights   of  feme 

covert*,  or  infants,  until  two  years  after  the  removal  of 

their  rcsi>cctive  (lisaliilities. 

^urUHi  irni         24.   /?<  it  further  orddinedy    That  all  lands  not  hereto- 

**  fore  granted  to  any  person  within  one  hundred  feet  of  the 

ceiiiro  of  said  road,  shall   vest   in  the  company  so  soon  as 

the  line  of  the  road  is  definitely  laid  out   tliroufrli  it.  and 

any  grant  of  said  land  shall  thereafter  he  void. 

i'.ini»hm^nt  i..r       2.0.  B<  it  further  ordained.  That  if  any  person  or  por- 

>ulrii«i<>ii  U|>i0  1      11     •     i         1  •  1  •!  1     1  !• 

ibrrxHKi  sons  shall  intrude  upon  said  railroad,  by  any  manner  ol 

use  thereof,  or  of  the  right  and  privilege  connected  there- 
with, without  the  permission,  or  contrary  to  the  will  of  said 
company,  he,  she  or  they  may  be  indicted  for  a  niisde- 
moaiior,  and  upon  conviction,  fined  and  imprisoned  by  any 
court  of  competent  jurisdiction. 
i'uni»»imrn!  (..r  20.  Be  it  further  ordainrd,  That  if  any  person  or  pi-r- 
*."ih^"J»md"'^''  sons  shall  willfully  and  malioiously  destroy,  or  in  any  maii- 
'ht  ii'.uiiluy '  ner  hurt  or  damage,  or  shall  willfully  and  maliciously  cause, 
or  aid,  or  assist,  or  counsel  and  advise  any  other  person  or 
persons  to  destroy,  or  in  any  nianuer  to  hurt,  cjamage, 
injure  or  (jbstruct  the  said  railroad,  or  any  bridge  or  vehi- 
olo  used  for  or  in  the  transportation  thereon,  any  water- 
tank,  warehouse,  or  other  property  of  said  company,  suoh 
person  or  persons,  so  offending,  shall  be  liable  to  be  in- 
<lioted  therefor,  and  on  conviction,  shall  be  imprisoned  not 
less  than  one  nor  more  than  six  months,  and  pay  a  fine, 
not  exceeding  five  hundred  dollars,  nor  less  than  twenty 
d(dlars,  at  the  discretion  of  the  court  before  which  said 
conviction  shall  take  place,  and  shall  be  further  liable  to 
pay  all  oxjkmiscs  for  rei)airlng  the  same;  and  it  shall  not 
be  Competent  lor  any  one  so  oft'endiiig  against  the  provis- 
JOUii  of  this  clause  to  <lefend  himself  by  pleading  or  giving 


1862.]  Statk  Convention.  97 

in  evidence  that  he  was  the  owner,  agent,  or  servant  of  the 
owner  of  the  land  where  such  destruction,  hurt,  damage, 
injury  or  obstruction  Avas  done  at  the  time  the  same  was 
done  or  caused  to  be  done. 

27.  Be  it  further  ordained,    That  every  obstruction  to  obstructions, 
the  safe  and  free  passage  of  vehicles  on  said  road  shall  be 
deemed  a  public  nuisance,  and  be  abated   as  such  by  any 

officer,  agent  or  servant  of  said  company,  and  the  perso)i 
causing  such  obstruction  may  be  indicted  for  erecting  a 
public  nuisance. 

28.  Be  it  fvrther  ordained,  That  the  said  company  shall  privileges  of 
have  the  right  to  take  at  the  storehouses  they  may  estab-  *<■. 

lish,  or  annex  to  their  railroad,  all  goods,  wares,  merchan- 
dise, and  produce  intended  for  transportation,  to  prescribe  .* 
the  rules  of  priority,  and  charge  and  receive  such  just  and 
reasonable  compensation  for  storage  as  they,  by  rules,  may 
establish  (which  they  shall  cause  to  be  published)  as  may 
be  fixed  by  agreement  with  the  owners,  which  may  be  dis- 
tinct from  rates  of  transportation :  Provided,  That  the  said 
company  shall  not  charge  nor  receive  storage  on  goods, 
wares,  merchandise  or  produce  Avhich  may  be  delivered  to 
them  at  their  regular  depositories  for  immediate  transpor- 
tation, and  which  the  company  may  have  the  power  to 
transport  immediately. 

29.  Be  it  further  ordained:,     That  'the  profits  of   the  Pmfi.- 
company,  or  so  Audi   thereof   as  the  General  Board  may 
deem  advisable,  shall,  when  the  affivirs  of  the  company  will 
permit,  be  semi-annually  diA^ded  among  the  stockholders 

in  proportion  to  the  stock  each  may  own. 

30.  Be  it  further  ordained.    That  the  following  officers  cffioers  and  em 

.  n         •  ^    ployeos  exempt 

and  servants  and  persons  in  the  actual  employment  ot  said  from  jury  »nii 
company  be,  and  they  are  hereby  exempt  from  the  per- 
formance of  jury  and  ordinary  militia  duty  :  The  Presi- 
dent and  Treasurer,  the  Board  of  Directors,  Chief  and 
Assistant  Engineers,  the  Secretary  and  Accountant  of  the 
company,  keepers  of  the  depositories,  guards  stationed  on 
the  road  and  at  the  bridges,  and  such  persons  as  may  be 
working  the  locomotive  engines  and  traveling  with  the  cai  -^ 
13 


98 


State  Convkntiom. 


[Feb.. 


Itranch  rn»>\* 


for  tlic  purpose  of  attending  to   the   trunspovt  of  produce. 
goodK  and  passengers  on  the  road. 

31.  Br  it  further  ordained.  That  if  the  LcgisUitiirc  of 
Virginia  shall  sanction  this  charter,  and  authorize  the  con- 
struction of  said  road  within  the  limits  of  Virginia  to  the 
Richmond  and  Danville  Railroad,  and  said  road  shall  be  so 
constructed,  the  i^aid  corporation  hereby  created  shall, 
nevertheless,  have  power  and  authority  to  construct  and 
build  one  or  more  branches  of  said  road  to  the  Coalfields 
of  Dan  River,  and  the  navigable  waters  on  Smith's  river, 
in  the  county  of  Rockingham,  and  arc  hereby  vested  with 
the  rights,  powers,  privileges  and  immunities  to  build  and 
construct  said  liraiich  or  branches  with  which  they  are 
invested  to  build  the  main  road;  and  the  said  road,  with 
its  blanches,  authorized  to  be  constructed  under  this  char- 
ter, shall  be  of  the  same  guagc  as  the  North  Carolina 
Railroad ;  and  the  North  Carolina  Railroad  Company  shall 
have  the  right,  under  this  charter,  to  construct  a  branch  of 
their  road  from  Hillsboro'  at  [to]  or  near  Danville. 

32.  Be  it  further  ordained.  That  for  the  purpose  of 
ascertaining  the  best  route  for  said  road  and  its  branches, 
and  to  locate  the  same,  it  shall  be  lawful  for  said  company, 
by  its  engineers,  servants  and  agents,  to  enter  upon,  exam- 
ine atul  survey  any  laud  or  lands  that  they  may  Avish  to 
examine  for  such  purpose,  free  from  any  liability  what- 
ever. 

33.  Be  it  further  ordained,    That  any  one  or  more  of 
r*^"to"uk^ti.<-  the   solvent   incorporate   railroad   companies  of   the  said 

'tix-k  in  til.-  ^  ^  ^ 

States,  and  also  the  Coyfederate  States  of  America,  may 
subscribe  for  stock  in  said  company,  and  should  the  Con- 
federate States  of  America  subscribe  for  and  take  the  whole 
of  such  stock,  or  the  larger  part  thereof,  i)ower  and  author- 
ity are  given  to  said  Confederate  States  of  America  to 
appoint  for  the  time  being  the  whole  of  the  said  Directors, 
anything  in  this  ordinance  to  the  contrary  notwithstanding, 
and  at  once  locate  and  commence  the  construction  of  said 
road,  and  hold  the  stock  so  taken  by  them  until  individuals 
and  corporations  shall  be  prepared  to  receive  an  assignment 


Pon«Tii"l  tl 


'  ooMermU* 
litatri  aulbor 


1862.]  State  Convention.  99 

of  the  same,  or  any  part  or  parts  thereof,  as  hereinafter 
provided. 

34.  Be  it  further  ordained,    That  as  soon  a;?,  under  the  i>"t";>"' t'-"^' 

...  .      .  ral  commisjsioii 

supervision  oi  the  general  commissioners,  as  by  this  ordi-  '''•'••'  directors, 
nance  provided,  there  shall  be  subscribed  by  the  Confed- 
erate States  of  America,  incorporated  companies,  or  solvent 
individuals,  not  less  than  one  hundred  thousand  dollars  of 
stock,  with  the  five  per  cent,  thereon  paid  in,  the  same  shall 
be  certified  by  said  general  commissioners  to  said  Directors, 
on  which  being  done,  it  shall  be  the  duty  of  said  Directors 
to  have  the  names  of  such  stockholders  recorded  on  the 
books  of  said  company,  together  with  the  stock  subscribed 
by  each,  and  to  cause  to  have  issued  to  said  stockholders 
certificates  of  stock  in  said  company,  (to  each  in  proportion 
to  the  subscriptions  made  by  them,)  when  they  shall  have 
paid  up  their  subscriptions  in  full,  including  in  their  pay- 
ments the  five  per  cent,  which  they  shall  have  paid  to  the 
said  general  commissioners,  and  which  the  said  general 
commissioners,  as  hereinbefore  provided,  shall  pay  to  said- 
company. 

35.  Be  it  further  ordained,    That  as  soon  as  subscribers  ri>L'  apiiomt- 
other  than   the  Confederate  States  of  America,  as  herein  tor^- 
provided,  shall  have  their  names  as  stockholders   recorded 

on  the  books  of  said  company  as  owners  of  not  less  than 
one  hundred  thousand  dollars  of  stock,  with  the  five  per 
cent,  thereon  paid  in,  from  and  after  that  time  such  stock- 
holders, in  all  general  meetings,  shall  have  power  to  elect 
five  of  the  said  nine  Directors,  and  the  President  of  the 
Confederate  States  of  America,  or  such  other  person  as  the 
Confederate  States  may  determine,  to  appoint  four  of  said 
Directors,  and  continue  to  do  so  until  the  stock  of  the  said 
Confederate  States,  by  sale  or  transfer,  shall  be  reduced  to 
less  than  half  of  the  entire  stock  of  said  company  ;  then, 
and  from  and  after  that  time,  the  vote  of  the  said  Confed- 
erate States  of  America  in  the  election  of  Directors,  and 
on  all  other  questions,  shall  be  in  pi'oportion  to  the  stock 
held  by  them  :  Provided,  That  at  such  elections  no  stock- 
holder shall  give  more  than  two  hundred  votes. 


100  State  Convention.  [Feb., 

.teraMTTeo  36.  Be  it  further  ordained,  That  full  right  and  piivilege 
!tlonMtV^-  is  hereby  reserved  to  the  State,  or  to  any  company  here- 
•li. one.  after  to  be  incorporated  under  the  authority  of  this  State, 

to  connect  with  the  road  hereby  provided  for,  any  other 
railroad  leading  therefrom  to  any  part  or  parts  of  this 
State:  Provided,  'That  in  joining  such  connection,  no  in- 
jury shall  be  done  to  the  works  of  tlie  company  hereby 
incorporated. 
Charter  u.  37.  Be  it  furtlitr  ordained,    That  the   corporate   fran- 

-n.irvi  wyear..  chiscs  and  privileges  hereby  granted  shall  cease  and  deter- 
mine at  the  expiration  of  ninety-nine  years  from  the  day 
of  the  passage  of  this  ordinance.  \_Batilied  the  Sth  day 
of  Fehrmry,  1862.] 


[No.  9.]  AN  ORDINANCE  TO  INCORPORATE  THE  WASH- 
INGTON AND  TARBORO'  RAILROAD  COM- 
PANY. .  ' 

fupiiaj  flock  1.  Be  it  ordaincU  bj  the  Delecfates  of  the  jivu^le  of  North 

Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  for  the  purpose  of 
effectiner  a  railroad  communication  between  the  town  of 
Washington  and  the  town  of  Tarboro',  the  formation  of  a 
corporate  company,  with  a  capital  of  four  hundred  thou- 
sand dollars,  is  hereby  authorized,  to  be  called  the  Wash- 
ington and  Tarboro'  Railroad  Company,  and  when  formed 
in  compliance  with  the  conditions  hereinafter  prescribed,  to 
have  a  corporate  existence  as  a  body  politic  in  perpetuity. 

KouKoi  ih-  2.  Be  it  further  ordained,  That  the  said  company  be, 

'""^  and  the  same  i.s  hereby  authorized  to  construct  a  railroad 

from  the  town  of  Washington,  in  the  county  of  Beaufort, 
through  the  counties  of  Pitt  and  Edgecombe,  to  the  town 
of  Tarboro'. 

t..iuu.i8sion.r»        3.   Be  it  further  ordained,  That  for  the  purpose  of  rais- 

lo  oytn  liooUn  of  '  1/..1  •        i      ■^^    1        i        p   ^    j. 

.ii.«niption.  iiig  the  capital  stock  of  said  company,  it  shall  be  haw^iul  to 
open  books  under  the  direction  of  the  following  named 
commissioners,  to-wit :  At  Washington,  under  the  direction 


18H2.]  State  Convention.  101 

of  John  Myers,  Jos.  Potts,  Benj.  F.^  Havens,  B.  M.  Selby 

and  George  H.  Brown ;  at  Paetolus,  under  the  direction  of 

Churchill  Perkins,  Peyton  A.  Atkinson,  J.  G.  B.  Grimes, 

Rippon  Ward,  and  Henry  Stancil ;  at  Tarboro',  under  the 

direction  of  John  S.  Dancy,  R.  H.  Pender,  R.  R.  Bridgers, 

William  S.  Battle,  and  James  R.  Thigpen,  and  at  such  other  , 

places  and  under  the  direction  of  such  other  persons  as  a 

majority  of  the  commissioners  first  named  may  deem  proper, 

for  the  purpose  of  receiving  subscriptions  to  the  amount  of 

four  hundred   thousand   dollars,  in  shares  of  fifty  dollars 

each. 

4.  Be  it  furtlier  vrdained,  That  the  commissioners  above  Duiieoofcom- 

T  1      11        1  1  f         1     •  1  missioncrs. 

named,  and  all  other  persons  who  may  hereafter  be  author- 
ized as  aforesaid  to  open  books  for  subscriptions,  shall  open 
the  same  at  any  time  after  the  ratification  of  this  ordinajicc, 
first  giving  ten  days'  notice  thereof,  of  the  time  and  place, 
in  one  or  more  qf  the  newspapers  published  in  Washington 
and  Tarboro' ;  and  the  said  books,  when  opened,  shall  be 
kept  open  for  the  space  of  thirty  days,  at  least,  and  as  long 
thereafter  as  the  commissioners  first  above  named  shall 
direct,  and  the  said  first  commissioners  shall  have  power  to 
call  on  and  require  all  persons  empowered  to  receive  sub- 
scriptions of  stock,  at  any  time,  and  from  time  to  time,  as 
a  majority  of  them  may  think  proper,  to  make  return  of 
subscriptions  of  stock  by  them  respectively  received. 

5.  Be  it  furtlier  ordained.  That  whenever  the  sum  of  To  be  declared 

•        1  1  incorporated 

ten  thousand  dollars  shall  be  subscribed  m  the  manner  and  '^'^en  $io.ooo  i* 

subscribed. 

form  aforesaid,  the  subscribers,  their  executors,  administra- 
tors or  assigns,  shall  be,  and  they  are  hereby  declared 
incorporated  into  a  company  by  the  name  and  style  of  the 
Washington  and  Tarboro'  Railroad  Company,  and  by  that 
name  shall  be  capable,  in  law  and  equity,  of  purchasing, 
holding,  selling,  leasing  and  conveying  estates,  real,  personal 
and  niixed,  and  acquiring  the  same  by  gift  or  devise,  so  far  as 
shall  be  necessary  for  the  purposes  embraced  within  the 
scope,  object  and  intent  of  their  charter,  and  no  further;- 
and  shall  have  perpetual  succession,  and  by  their  corporate 
name  may  sue  and  be  sued,  plead  and  be  impleaded  in  any 


102 


State  Convention. 


[Feb., 


^tockbolilcrr 


Modv  ot  tbuir 

clrctinn. 


court  of  law  Jind  equity  in  this  State,  and  may  have  and 
Ubc  a  common  seal,  which  they  may  alter  and  renew  at 
pleasure,  and  shall  have  and  enjoy  all  other  rights  and 
imnmnities  which  other  railroad  corporate  bodies  may,  and 
of  right  do  exercise,  and  make  all  by-laws,  rules  and  regu- 
lations that  are  necessary  for  the  government  of  the  corpo- 
ration, or  effecting  the  object  for  which  it  was  created,  not 
inconsistent  with  the  Constitution   and  laws  of  this  State. 

0.  Be  it  further  ordainal^  That  it  shall  be  the  duty  of 
the  commissioners  named  in  this  ordinance  for  receiving 
^ubscviptions  in  Washington,  or  a  majority  of  them,  as 
soon  as  the  sum  of  ten  thousand  dollars  shall  have  been 
subscril)ed,  in  manner  aforesaid,  to  give  public  notice  there- 
of, and  at  the  same  time  to  call  a  general  meeting  of  the 
stockholders,  giving  at  least  fifteen  days'  notice  of  the  time 
and  place  of  meeting ;  a  majority  of  the  stockholders 
lieing  represented  in  person,  or  by  proxy,  shall  proceed  to 
L'lec't  a  President  and  Treasurer,  and  six  Directors,  out  of 
the  number  of  stockholders  ;  and  the  said  Directors,  shall 
have  power  to  perform  all  the  duties  necessary  in  the  gov- 
ernment of  the  corporation,  and  the  transaction  of  its 
business ;  and  the  persons  elected  as  aforesaid,  shall  serve 
such  period,  not  exceeding  one  year,  ds  the  stockholders 
may  direct ;  and.  at  that  meeting,  the  stockholders  shall 
fix  on  the  day  and  place  or  places  where  the  subsequent 
election  of  President,  Treasurer  and  Directors  shall  be 
held,  and  such  election  shall,  thenceforth,  be  annually 
made ;  but  if  the  day  of  the  annual  election  of  officers 
should,  under  any  circumstances,  pass  without  an  election, 
the  corporation  shall  not  thereby  be  dissolved,  but  the 
officers  formerly  elected  shall  continue  i)i  office  until  a  new 
election  takes  place. 

7.  Be  it  further  ordained,  That  the  election  of  officers 
aforesaid,  shall  be,  by  ballot,  each  stockholder  having  as 
many  votes  as  he  has  shares  in  the  stock  of  the  company, 
and  the  person  having  the  greatest  "number  of  votes  polled, 
shall  be  considered  duly  elected  to  the  office  for  Avhich  he 
is  nominated.  -mkI  at  ;ill  elections  and  upon  all  votes  taken 


1862.]  State  Convention?.  lOa 

at  any  meeting  of  the  stockholders,  upon  any  by-law  or 
any  of  the  affairs  of  the  company,  each  share  of  the  stock 
shall  be  entitled  to  one  vote,  to  be  represented  either  in 
person  or  by  proxy ;  and  proxies  may  be  verified  in  such 
manner  as  the  by-laws  of  the  company  may  prescribe. 

8.  Be  it  further  ordained,  That  the  Board  of  Directors  va<>«,ino,. 
may  fill  any  vacancies  that  may  occur  in  it  during  the  period 

for  which  they  have  been  elected,  and  in  the  absence  of 
the  President,  may  appoint  a  President,  pro  tempore^  to  fill 
his  place. 

9.  Be  it  further  oxdained,    That  the  Board  of  Directors  ravmontof 

"  _  _  ^  Hunsoriptinns. 

may  call  for  the  sums  subscribed  as  stock  in  said  company 
in  such  instalments  as  the  interest  of  said  company  may, 
in  their  opinion,  require.  The  call  for  each  payment  shall 
be  published  in  one  or  more  uewspnpers  of  the  State,  for 
one  month  before  the  day  of  payment,  and  on  failure  of 
any  stockholder  to  pay  each  instalment  as  thus  required, 
the  Directors  may  sell,  at  public  auction,  on  a  previous 
notice  of  ten  days,  for  cash,  all  the  stock  subscribed  for  in 
said  company  by  such  stockholder,  and  convey  the  same  to 
the  purchaser  at  the  said  sale,  and  if  the  said  sale  of  stock 
does  not  produce  a  sum  sufficient  to  pay  off  the  incidental 
expenses  of  the  sale,  and  the  entire  amount  owing  by  such 
stockholder  to  the  company  for  such  subscription  of  stock, 
then,  and  in  that  case,  the  whole  of  such  balance  shall  be 
held  as  due  at  once  to  the  company,  and  may  be  recovered 
of  such  stockholder,  or -his  executors,  administrators  or 
assigns,  at  the  suit  of  said  company,  either  by  summary 
motion  in  any  court  of  superior  jurisdiction  in  the  county 
where  the  delinquent  resides,  on  previous  notice  of  ten 
days  to  said  subscriber,  or  by  action  of  assumpsit,  in  any 
court  of  competent  jurisdiction,  or  by  warrant  .before  a 
Justice  of  the  Peace,  when  the  sum  does  not  exceed  one 
hundred  dollars  ;  and  in  all  cases  of  assignment  of  stock 
before  the  Avholc  amount  has  been  paid  to  the  company, 
then,  for  all  sums  [due]  on  such  stocks,  both  the  original  sub- 
scriber and  all  subsequent  assignees,  shall  be  liable  to  the 
company,  and  the  same  may  recovered  as  above  described. 


104 


StATK    (^ONVKNTIoN. 


[Feb. 


Debta  of  tlock- 
holders. 


Ortiftf^U'C  nf 

!lUlOk. 


Capital  stork 
authorized  t" 
I*-  Increnspil 
$100,000. 


Contracts  by 
the  Prenident 
and  Swri-tnry. 


nipht  of  com - 
pany  to  pur- 
i-hnnpreal  nstnte 


Rigbta  of  poui- 
pMiy  in  con- 
sftvctiDft  th« 
roul. 


10.  Be  it  furtJier  ordained.  That  the  debt  of  the  stock- 
holders due  to  the  company  for  stock  therein,  either  as 
original  proprietor,  or  first  or  subsequent  assignee,  shall 
he  considered  as  of  equal  dignity  with  judgments  in  the 
distribution  of  assets  of  a  deceased  stockholder  by  his  legal 
repi'escntativcs. 

11.  Be  it  furt/ier  ordained.  That  said  company  shall 
issue  certificates  of  stock  to  its  members,  and  said  stock 
may  be  transferred  in  such  manner  and  form  as  may  be 
directed  by  the  by-laws  of  the  company. 

12.  Be  it  further  ordained,  That  the  said  company  may, 
at  any  time,  increase  its  capital  stock  to  a  sum  sufficient 
to  complete  said  road,  not  exceeding  the  additional  sum  of 
one  hundred  thbusand  dollars,  by  opening  books  of  sub- 
scription of  new  stock,  or  borrowing  money  on  the  credit 
of  the  company,  and  the  mortgage  of  its  charter  and  works, 
and  the  manner  in  which  the  same  shall  be  done,  in  either 
case,  shall  be  prescribed  by  the  stockholders. 

13.  Be  it  further  ordained,  That  all  contracts  or  agree- 
ments, authenticated  by  the  President  and  Secretary  of  the 
Board,  shall  be  binding  on  the  company,  with  or  without  a 
seal ;  such  a  mode  of  authentication  shall  be  used  as  the 
company,  by  their  by-laws,  may  adopt. 

14.  Be  it  further  ordained.  That  the  said  company  may 
purchase,  in  fee,  or  for  a  term  of  years,  any  lands,  tene- 
ments or  hereditaments,  which  may  be  necessary  for  said 
road,  or  for  the  erection  of  depositories,  storehouses,  houses  . 
for  the  officers,  servants  or  agents  of  the  company,  or  for 
workshops  or  foundries,  to  be  used  by  the  compan}^,  or  for 
procuring  stone  or  other  material  necessary  to  the  con- 
struction of  the  road  or  effecting  transportation,  and  for 
no  other  purposes  whatever. 

15.  Be  it  further  ordained,  That  the  company  shall 
have  the  right,  Avhen  necessary,  to  construct  the  said  rail- 
road across  any  public  road  or  along  the  side  of  any  public 
road :  Provided,  That  the  said  company  shall  not  obstruct 
any  ))ublic  road  without  constructing  one  equally  as  good 
and  as  convcTiiont  as  the  one  taken  by  the  company. 


18G2.]  State  Convention.  105 

IG.  Be  it  further  ordained,  That  when  any  lands  or  "'j^'i^t  to  rou- 

"  douin  property 

riffht  of  way  may  be  required  by  the  company  for  the  pur-  ia  cases  ot 

°  .  .  r       J  r  ilisftjjrecmeut. 

pose  of  constructing  their  road,  buihling  warehouses,  watcr- 
stjitions,  workshops  or  depositories,  and  for  want  of  agree- 
ment as  to  the  value  thereof,  or  from  any  other  cause,  the 
same  cannot  be  purchased  from  the  owner  or  owners,  the 
same  may  be  taken  at  a  valuation  to  be  made  by  a  jury  of 
good  and  lawful  men,  to  be  summoned  by  the  Sheriff  of  the 
county  in  which  the  land  required  by  the  company  may 
lie ;  and  in  making  the  said  valuation,  the  said  jury  shall 
take  into  consideration  the  loss  or  damage  which  may 
occur  to  the  owner  or  owners  in  consequence  of  the  land 
or  right  of  way  being  surrendered,  and  the  benefit  or 
advantage  he,  she  or  they  may  receive  from  the  erection  of 
said  road,  and  shall  state  particularly  the  value  and  amount 
of  each ;  and  the  excess  of  loss  or  damage  over  and  aliove 
the  advantage  and  benefit  shall  form  the  measure  of  valua- 
tion of  the  land  or  right  of  way :  Provided,  nevertheless,  ^ 
That  if  any  person  or  persons  over  whose  lands  said  roads 
may  pass,  or  the  company  should  be  dissatisfied  with  the 
valuation  thus  made,  then,  and  in  that  case,  either  party 
may  have  an  appeal  to  the  next  court  of  the  county,  to  be 
held  thereafter ;  and  the  Sheriff  shall  return  to  said  court 
the  verdict  of  [the]  jury,  with  all  the  proceedings  thereon, 
and  the  lands  or  right  of  way  so  valued  by  the  jury  shall 
vest  in  the  company  so  long  as  the  same  may  be  used  for  the 
purposes  of  said  railroad,  so  soon  as  the  valuation  be  paid, 
or  if  refused,  paid  over  to  the  Clerk  of  the  County  Court  : 
Provided,  further,  That  the  right  of  condemnation  shall 
not  authorize  the  said  company  to  invade  the  dwelling 
house,  yard,  garden  or  graveyard  of  any  individual  without 
his  consent. 

17.  Be  it  further  ordained.  That  the  right  of  said  com-  Amnnuf  tou 
pany  to  condemn  land  m  the  manner  described  in  the 
above  section,  shall  extend  to  the  condemnation  only  of 
one  hundred  feet  on  each  side  of  the  main  track  of  the 
road,  and  from  the  centre  of  the  same,  except  in  case  of 
deep  cuts  :ind  fillings,  when  the  said  company  shall   have 

11 


IOC 


State  Convention. 


[Feb.. 


Rights  of  tmnp 
porlatioii. 


Notice  of  pro- 


Powt-TS  con- 
struct  braiic-li 
roails. 


Authority  to 
inxiic  |.riO,(iUi)  ill 
bonds  ^«'ll^lll!r• 
7  per  cfiil. 
interp?!. 


.Sepiir'.ly  tor  tlip 
Ijunilfi. 


power  to  condemn  as  much  in  addition  thereto  as  may  be 
necessary  for  the  purpose  of  constructing  said  road,  and 
the  company,  in  like  manner,  shall  have  power  to  condemn 
and  appropriate  land  for  the  building  of  depots  and  shaps, 
not  exceeding  five  acres  in  any  one  lot  or  station. 

18.  Be  it  further  ordained^  That  the  said  company  shall 
have  the  exclusive  right  of  conveyance  or  transportation 
of  persons,  goods,  merchandise  and  produce  over  said  road, 
at  such  charges  as  may  be  fixed  by  a  majority  of  the 
directors. 

19.  Be  it  further  ordained,  That  the  profits  of  the  com- 
pany, or  so  much  thereof  as  the  Board  of  Directors  may 
deem  advisable,  shall,  when  the  affairs  of  the  company  will 
permit,  be  annually  or  semi-annually  divided  among  the 
.stockholders  in  proportion  to  the  stock  each  may  own. 

20.  Be  if  fm'ther  ordained,  That  notice  of  process  upon 
the  President,  or  any  of  the  directors  thereof,  shall  be 
deemed  and  taken  to  be  due  and  lawful  notice  of  service 
upon  the  company. 

21.  Be  it  further  ordained,  That  the  company  shall 
have  power  to  construct  branches  of  said  road  to  connect 
with  any  other  road  that  may  be  constructed  east  of  the 
Wilmington  and  Weldon  Railroad,  and  any  contract  that 
may  be  entered  into  with  any  other  railroad  company  by 
the  President  and  Directors  of  said  company,  after  the 
consent  of  a  majority  of  the  stockholders  first  obtained, 
shall  be  binding  on  the  company. 

22.  Be  it  further  ordained,  That  it  may  be  lawful  for 
the  Washington  and  Tarboro'  Railroad  Company  to  make 
and  issue  bonds  to  an  amount  not  exceeding  fifty  thousand 
dollars,  to  be  signed  by  the  President  of  said  company, 
untler  the  common  seal  of  the  same,  in  sums  of  five  hun- 
dred dollai's  each,  bearing  interst  at  the  rate  of  seven  per 
cent,  or  less  per  annum,  to  be  paid  semi-annually. 

23.  Be  it  further  ordained^  That  to  secure  the  faithful 
payment  of  said  bonds,  it  may  and  shall  be  lawful  for  the 
President  and  Directors  of  the  Washington  and  Tarboro' 
llailroail  Company  to  make,  execute  and  deliver  to  such 


1862.]  State  Convention.  107 

person  as  the  company  may  select  or  appoint,  a  deed  of 
trust  or  mortgage,  under  the  common  seal  of  said  company, 
wherein  shall  be  conveyed  to  the  person  thus  appointed 
trustee,  the  road,  property,  income  and  franchise  of  said 
company,  acquired  or  to  be  acquired,  conditioned  for  the 
payment  of  the  interest  and  final  redemption  of  said  bonds. 

24.  Be  it  further  ordained,  That  all  officers  of  the  com-  Kiupioyws  ox 
pany,  and  servants,  and  persons  in  the  actual  employment  miiitiaduty. 
of  the  company,  may  be,  and  they  are  hereby  exempt  from 
performing  ordinary  military  dut}^  (except  in  case  of  insur- 
rection or  invasion,)  working  on  public  roads  and  serving 

as  jurors. 

25.  Be  it  further  ordained,  That  all  the  work  hereby  Oiiaiurtoex- 

11111  I'll  ^•^^  ^    -r-  •      1        pirc  unleas  thn 

required,  shall  be  executed  with  due  diligence,  and  if  it  be  workiscom- 

1        •   1  •       p  f  1  •  iiinnced  within 

not  commenced  within  four  years  after  the  ratification  of  fo"r  years, 
this  ordinance,  then  this  charter  shall  be  void. 

26.  Be  it  further  ordained.  That  this  ordinance  shall  be 
in  force  from  and  after  its  ratification,  and  shall  be  regarded 
as  a  public  ordinance.  [Matifed  the  1th  day  of  February, 
1862.] 


AN  ORDINANCE  TO  AUTHORIZE  THE  TREASU-  [No.  10.] 
RER  TO  ISSUE  TREASURY  NOTES. 

Be  it  ordained  by  the  Beleyates  of  the  people  of  North  xnai^uiy  notes 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  thedenomina- 
bi/  the  authority  of  the  same.  That  the  Public  Treasurer  beUued" ' 
be,  and  he  is  hereby  authorized  to  issue  any  amount  of 
Treasury  notes,  now  on  hand,  not  exceeding  one  hundred  and 
twenty  thousand  dollars,  above  the  denomination  of  twenty 
dollars  :  Provided,  Said  notes  shall  bear  no  interest :  And 
provided,  further.  That  this  amount  shall  be  a  part  of  the 
three  millions  heretofore  ordered  to  be  issued.     {^Ratified 
the  ith  day  of  February,  1862.] 


108  State  Convention.  l^^^^^y 

(No.   11.1   A  RESOLUTION  IN  RELATION   TO  THE  MINTS. 

Auihoriii^pto  liesolvcd,  That  in  the  opinion  of  this  Convention,  it  is 
iV^Krttion!" "  of  the  highest  importance  to  the  interests. of  the  Confede- 
rate States,  that  the  Mints  situated  witliin  their  limits 
should  be  placed  in  operation  at  the  earliest  practicable 
period,  and  that  the  Senators  and  Representatives  in  Con- 
gress be  requested  to  use  their  best  exertions  to  obtain  this 
object.     [^Ratified  the  1th  day  of  Fcbruaryy  1862.] 


[No.  12.]  RESOLUTION  RESrECTING  THE  PAY  OF  THE 
THIRTY-EIGHTH  REGIMENT  OF  NORTH  CARO- 
LINA VOLUNTEERS. 

r«y  rniis  to  w  Resolved,  That  the  pay  rolls  of  the  companies  of  the 
.'iHTeVf"accoi'"  thirty-eighth  regiment  of  North  Carolina  Volunteers  be 
P^iiik-.  '         made  out  and  received  from  the  date  of  the  acceptances  of 

the   companies    respectively.      \_Ratified  the   8th  day   of 

Fehrnary,  18G2.] 


[No.  13.]  AN  ORDINANCE  CONCERNING  THE  LEVYING 
OF  TAXES  BY  THE  COUNTY  COURTS. 

Tax.'«  f..t  1-  B(i  it  ordained  by  the  Delegates  of  the  people  of  North 

«dZ*i''purroftv.  Carolina,  in  Convention  assembled,  and  it  is  ha'eby  ordained 
by  the  authority  of  the  same,  That  the  Chairman  of  the 
County  Court,  and  where  there  is  no  Chairman,  the  County 
Court  Clerk  of  each  and  every  county  in  this  State,  shall, 
by  public  notice,  convene  the  Justices  of  the  County  Courts 
at  their  respective  court  houses  on  the  first  Monday  in 
May,  1862 ;  and  a  majority  of  the  Justices  being  present, 
they  shall  proceed  to  levy  taxes  for  county  purposes,  and 
may,  in  their  discretion,  as  now  provided  by  law,  levy 
the  taxes  for  school  purposes ;  and  the  Clerk  of  the  respec- 
tive County  Courts,  shall,  in  such  cases,  enter  the  proceed- 
ings of  said  Justices  on  the  minute  docket  of  said  County 


1862.)  State  Convention.  100 

Courts,  as  a  part  of  the  record  of  said  courts  thus  convened 
in  special  session :  Provided,  That  in  counties  holding 
regular  terms  of  their  County  Courts  in  said  month  of  May, 
or  the  first  Monday  of  June,  the  levy  hereby  required 
shall  be  made  at  such  regular  term. 

2.  Be  it  further  orxlained,  That  the  act  of  the  last  extra  Repeals  m t  of 
session  of  the  General  Assembly,  entitled    *'  An  Act  to  wV""* 
enlarge  the  powers  of  the  County  Courts  for  raising  rev- 
enue for  county  purposes ;"  which  requires  the  Justices  of 

the  several  County  Courts,  at  their  first  court  after  the 
first  day  of  January  in  every  year,  to  levy  a  tax  for  county 
and  school  purposes,  &C.,  be,  and  the  same  is  hereby  modi- 
fied and  repealed,  so  far  as  the  same  may  apply  to  the 
present  year,  18(32. 

3.  Be  it  further  ordaincdy    That  this  ordinance  shall  r.iminauon or 
expire  and  be  inapplicable  alter  the  year  1862. 

4.  Be  it  further  ordained,  That  those  counties  in  which  Tnxes  ievie.i  in 

if;ni)i-ane«  of 

their  County  Courts  have  already  levied  taxes  for  county  tiiisorainanee. 
and  school  purposes,  and  in  those  counties  in  which  they 
may  hereafter  levy  the  same  in  ignorance  of  the  provisions 
of  this  ordinance,  the  same  shall  be  void  and  of  no  effect. 
[Ratified  the  10th  day  of  February,  1862.] 


A  RESOLUTION  TO  PRINT  AN  ORDINANCE.      fNo.  11.] 

Resolved  by  the  Delegates  of  the  peojyle  of  North  Caro-  oon  eopics  to  i>(> 
Una,  in  Convention  assembled,  and  it  is  hereby  ordained  '"" ^  ' 
by  the  authority  of  the  same,  That  the  Secretary  of  State 
be  authorized  and  directed  to  have  printed  three  .hundred 
copies  of  the  ordinance  this  day  passed,  entitled  "  an  ordi- 
nance concerning  the  levying  of  taxes  by  the  County 
Courts,"  and  forward  one  copy  each  to  the  Shcrtff,  County 
Court  Clerk  and  Chairman  of  the  County  Court  of  each 
and  every  county  in  the  State.  [Ratified  the  10th  day  of 
February,  1862.] 


no  State  Convention.  [Feb., 

rN.>.  IT)-!  A^  ORDINANCE  TO  AUTHORIZE  THE  HOLDING 
OF  A  COURT  OF  OYER  AND  TERMINER,  AT 
VVAYNESVILLE,  IN  HAYWOOD  COUNTY. 

■  .iirt  lotrv  1.  Be  it  ordained  bi/  the  Delegates  of  the  people  of  North 

Carolina  in  Convention  assembled,  and  it  is  hereby  ordained 
bij  the  authority/  of  the  same^  That  His  Excellency,  the 
Governor  of  the  State  be^  and  he  is  hereby  authorized  and 
refiuested  to  issue  a  commission  to  any  one  of  the  Superior 
Court  Judges  of  this  State,  to  hold  a  court  of  Oi/er  and 
Terminer,  at  Wayncsvillc,  in  the  county  of  Haywood,  for 
the  purpose  of  trying  the  persons  now  in  jail  at  that  place, 
charged  with  high  crimes,  which  Judge,  when  so  commis- 
sioned, shall  be  clothed  Avith  all  the  powers  necessary  for 
the  trial  and  punishment  of  such  offenders,  their  accom- 
plices, aiders  and  abettors. 

Puiwofihr  2.  Be  it  further  ordained,  That  the  said  Judge  shall 
u  g«ai.|.oin     .jppyjj^^  .^  ^\.^y^  j^g  early  as  practicable,  for  holding  the  said 

court,  and  shall  give  notice  of  the  time  appointed  to  the 
Solicitor  of  the  District  and  the  Sheriff  of  the  county,  and 
shall  direct  the  Sheriff  to  notify  three  or  more  Justices  of 
the  Peace  to  meet  at  the  office  of  the  County  Court  Clerk 
of  said  county,  and  issue  a  venire  to  attend  the  said  court ; 
and  the  Sheriff  shall  summons  them  to  attend  at  the  time 
appointed,  at  the  Court  IlOuse  of  the  said  county,  and 
the  Judge  shall  cause  the  grand  jury  to  be  drawn  from  the 
said  venire,  who  shall  serve  as  grand  jurors,  to  pass  upoai 
any  bill  or  bills  which  may  be  sent  before  them,  and  the 
remainder  of  the  venire  shall,  unless  excused  by  the  court, 
serve  as  traverse  jurors.  The  said  court  shall  have  power 
to  order,  if  -necessary,  a  further  venire  in  said  cases. 
uuieBandrc-u-  3.  Be  it  further  ordained,  That  the  same  rules  and 
rcgidations  shall  govern  the  said  court  that  are  used  at  the 
regular  terms,  as  to  the  duties  of  the  Judge,  the  Solicitor, 
the  Sheriff,  and  all  others  concerned  in  the  said  causes  of 
trial,  and  all  under  the  same  pay,  &c. 

4.  Be  it  further  ordained.  That  this  ordinance  shall  be 
in  force  from  and  after  its  ratification.  [^Ratified  the  10th 
day  of  February,  1862.] 


18G2.]  State  Convention.  Ul 

AN  ORDINANCE    GRANTING   BOUNTY  TO  CER-  [No.  IG.j 
TAIN  NORTH  CAROLINA  VOLUNTEERS. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  to  roccivp  ix.un 

.-,  .  777  7''7  7  7'7    '''"''  SlltllOrii'.fll 

(Jarolma  in  Convention  assemolea,  ana  it  is  here oy  ordained  i.yaotsor  siu 
ly  the  authorifi/  of  the  same,  Tliat  the  volunteers  from  this  mhj. 
State  in  the  military  service  of  the  Confederacy,  'where 
North  Carolina  is  or  may  be  credited  for  the  same  by  the 
Confederate  Government,  arc  justly  entitled  to,  and  should, 
therefore,  receive  the  bounty  authorized  by  the  acts  of  the 
eighth  day  of  iNIay,  A.  D,.  18G1,  and  of  the  tenth  day  of 
May,  18G1,  whether  the  same  volunteered  first  to  the  State 
or  directly  to  the  Confederate  Government :  Provided, 
hotveve^,  That  the  officers  of  all  volunteers  directly  to  the 
Confederate  States  shall  make  such  returns  as  the  Gov- 
ernor may  require. 

2.  Be  it  further  ordained,  That  the  Governor  be  author-  Paymastpr  to 

17  7  T  7  11         1      paytlipboun 

ized  and  requested  to  direct  the  paymaster  to  pay  all  vol-  ties. 
untcers  who  may  not  have  received  theigame,  such  bounty 
as  they  are  declared  to  be  entitled  to  by  the  above  section  of 
this  ordinance.     [Ratijied  the  l^tli  day  of  February,  18G2.] 


AN  ORDINANCE  SUPPLEMENTAL  TO  AN  ORDI-  [No.  17 
NANCE,  RATIFIED  AT  THE  PRESENT  SESSION 
OF  THIS  CONVENTION,  ENTITLED  "  AN  ORDI- 
NANCE IN  ADDITION  TO  AND  AMENDMENT 
OF  AN  ACT  OF  THE  GENERAL  ASSEMBLY. 
RATIFED  THE  15tii  DAY  OF  FEBRUARY,  18G1, 
ENTITLED  AN  ACT  TO  INCORPORATE  THE 
CHATHAM  RAILROAD  COMPANY,  AND  TO 
REPEAI^  AN  ACT  SUPPLEMENTAL  THERETO, 
RATIFIED  THE  23rd  OF  FEBRUARY,  18G1,- 
AND  AUTHORIZING  CERTAIN  PERSONS  TO 
OPEN  BOOKS  OF  SUBSCRIPTION  TO  THE 
CAPITAL  STOCK  OF  SAID  COMPANY. 


1 .  Be  it  ordained  by  the  Delegates  of  the  people  of  North  nooks  of  sui. 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  ,',j"u<^" 
bi/  the  authority  of  th<^  same,    That  an  act  of  the  General 


12  State  Convention.  [Feb., 

Books  of  8ub-    Assembly,  entitled  "An  act  to  incorporate  tbe  Chatham 

soription  to  be  . 

opeDeu.  Railroad  Company,"  be  amended  by  adding  to  section  2nd, 

the  following:  "And  a  majority  of  said  general  commis- 
sioners shall  be  competent  to  transact  business  ;  and  in  the 
mean  time  it  shall  be  lawful  for  books  of  subscription  to 
said  stock  to  be  opened  in  the  city  of  Raleigh,  under  the 
direction  of  Geo.  W.  Mordecai,  William  Henry  Jones  and 
\Vm.  W.  Vass,  or  either  of  them  ;  in  the  town  of  New- 
bern,  under  the  direction  of  Ed.  Stanly,  A.  T.  Jerkins, 
W.  II.  Oliver,  or  any  one  of  them ;  in  the  town  of  Golds- 
boro',  under  the  direction  of  E^  A.  Thompson,  Richard 
Washington,  P.  A.  Wiley,  or  any  one  of  them ;  at  Pitts- 
boro',  under  the  direction  of  II.  A.  London,  John  H. 
Ilaughton,  Jno.  A.  Womack,  or  any  one  of  them ;  at  Hay- 
wood, under  the  direction  of  B.  I.  Howze,  R.  K.  Smith 
and  I.  N.  Clegg,  or  any  one  of  them ;  at  Warrenton,  under 
the  direction  of  J.  B.  Batchelor,  John  White,  Richard  T. 
Arrington,  or  any  one  of  them ;  at  Hillsboro'j  under  the 
direction  of  William  A.  Graham,  Thomas  Webb,  P.  .B. 
Kuffin,  or  any  one  of  them ;  at  Smithfield,  under  the  direc- 
tion of  J.  W.  B.  Watson,  Edwin  Sanders,  J.  B.  Beckwith, 
or  any  one  of  them;  at  Oxford,  under  the  direction  of  S. 
S.  Royster,  C.  H.  K.  Taylor,  R.  B.  Gilliam,  or  any  one  of 
them  ;  at  Louisburg,  under  the  direction  of  J.  J.  Davis,  J. 
King,  D.  S.  Hill,  or  any  one  of  them ;  at  Norfolk,  under 
the  direction  of  S.  M.  Wilson,  Kader  Biggs,  Jas.  Gordon, 
or  any  one  of  them ;  and  at  Petersburg,  under  the  direc- 
tion of  W.  T.  Joynes,  R.  K.  Martin  and  Geo.  D.  Basker- 
ville,  or  any  one  of  them ;  and  said  general  commissioners 
fc'hall  have  power  to  appoint  a  Chairman  of  their  body, 
Treasurer,  and  all  other  officers  their  organization  may 
reciuire,  and  to  sue  for  and  recover  all  sums  of  money  that 
ought,  under  said  act,  to  be  recovered  by  them  in  the  name 
of  said  corporation.  [Ratified  t/ie  10th  day  of  February , 
18G2.] 


1862,]  State  Co^ivention.  112 

RESOLUTIONIS  RELATING   TO   RE-ENL18TMENT  [No.  18.  | 
OF  VOLUNTEERS. 

Resolved,  That  in   the  oninioii  of   this  Convention,  it  is  J'^' '"^"^^b '- 

,  .  ^  '  nionthH  voluu- 

ot  the  utmost  importance,  m  the  existing  war,  that  our  tceistorc- 

^  '  o  '  enlist. 

country  shall  not  lose  the  services  of  the  gallant^ volunteers 
of  this  State  at  the  expiration  of  their  present  term  of 
twelve  months,  and  that  such  incentives  to  re-enlist  should 
be  held  out  to  them  as  may  induce  their  return  to  the 
army,  after  a  brief  interval  for  visiting  their  homes. 

Resolved,  That  the  Congress  of  the  Confederate  States  »"iiii«untuis 

'^  .suggrslcit. 

should  offer  such  inducements  in  bounties  of  money  and 
public  land,  devolving  to  them  from  the  United  States,  within 
the  States  of  the  Confederacy  and  in  the  territories,  and 
in  pensions,  in  case  of  death,  disability,  and  long  terms  of 
service,  to  volunteers  enlisting  for  the  war,  as  will  procure 
the  return  of  those  inured  to  the  service,  and  shall  prevail 
with  others  to  follow  their  example  in  filling  up  the  ranks 
of  the  army. 

Resolved,  That  any  volunteers  of  this  State  re-enlistiuir  I'liuicgen  of 

/  *  '-'  volunteers 

in  the  service  as  herein  proposed,  should  have  the  privilege  rocniisimg 
of  choosing  their  company  officers  by  companies,  and  their 
regimental  field  officers  by  the  commissioned  officers  of 
companies,  and  in  forming  regiments,  the  companies  here- 
tofore associated  should  be  kept  together  where  they  are 
fdled  up  in  convenieiit  time,  and  any  new  companies  should 
be  added  to  the  regiment  having  nearest  its  complement, 
when  such  new  company  shall  be  received  into  the  service. 
Resolved,  That  a  copy  of  these  resolutions  be  transmit- 
ted by  the  Secretary  of  this  Convention  to  the  Senators 
and  Representatives  of  this  State  in  the  Confederate  Con- 
gress, with  a  request  tliat  they  bring  the  subject  embraced 
in  them  to  the  consideration  of  Congress.  [Ratified^  thr 
Uth  daii  of  Fchrnarif.  1862.] 
1 .". 


iinniuiiitioii. 


Ill-  '  State  Convention.  [Feb.. 

[No.  IH.j    UEbOLLTiOi\fc>    CONCERNING    THE    MANUFAC- 
TURE OF  SULPHUR  AND  SALTPETRE. 

ii..v.iH..r  Jitsuh'i'd,  That  tht'   Governor    be  requested,    and   lie  iy- 

Hiilliuriiu.-d  to  1  1         •        1  11  *  (• 

.-.ubiuii.i  hereby  authorized  to  ernplov  the  necessary  lorce  and  pro- 
cure  the  necessary  apparatus  to  manufacture  SulpJiur  and 
Saltpetre  for  the  use  of  the  State^  at  such  place  or  places, 
in  or  out  of  this  State,  as  he  may  deem  proper,  and  that  he 
draw  upon  tlie  Treasury  fo]-  the  money  to  meet  the  expense 
t  hereof, 
'■all  ujHin  Resolved,  That  tlic  Governor  be   retjuetsted  to  call  upon 

.-uteflf™'^  the  Government  of  the  Confederate  States  for  a  supply  of 
ammunition  for  our  militia  and  other  forces.  [Ratified  tin- 
Uth  day  of  February,  1862.] 


[i\(..  lio.]   RESOLUTION   TO  RAISE  CERTAIN  ARTILLERY 
COMPANIES  FOR  THE  DEFENCE  OF  WILMINri- 

TON. 

'jiirc... iiii.il-  1.  Resolved,  That  the  Governor  be,  and  he  is  hereby 
authorized  to  raise  by  volunteer  enlistment,  not  exceeding 
three  artillery  companies  to  serve  at  the  batteries  already 
erected,  or  which  may  hereafter  be  erected  on  the  Cape 
Fear  River,  below  or  at,  and  in  the  vicinity  of  the  town  of 
Wilmington,  and  that  the  men  constituting  such  companies 
be  entitled  to  the  same  bounty,  pay  and  allowances  as  are 
by  laAv  allowed  to  the  companies  in  the  service  of  the  Con- 
federate States. 
oi«uni«aU..n  2.  Be  it  further  resolved,  That  the  Governor  be  author- 

scrvioo.  ized  to  appoint  Captains  and  Lieutenants  to  recruit  such 

companies ;  the  term  of  service  of  said  companies  to  be 
for  twelve  months,  or  for  three  years  or  the  war,  unless 
sooner  discharged  by  the  Governor.  [Ratifird  the  l^f/i 
day  of  Fi'hrnary,  1802.] 


i8«Vi.'|  iSTAit  Convent tnv  l-l-' 

i 

AN    ORDIjSANOE  .  TO    PROVIDE    FOR   THE   AS- [No.  21.] 
SUMPTION  AND  PAYMENT  (^F  THE  CONFEDE- 
RATE  TAX. 

1.  Be  it  ordained  hjj  fhc  JJclci/ad'K  of  I  he  people  of  JS'orth  -riic  state 
Carolma,  in  Convention  asi<enibledy  and  it  ts  kerebij  ordainea  ,var  tnx. 
%  the  imtlioritji  of  the  s.amc,    That  the  State  of  North 
Carolina  will,  and  doth  licrehy  assume  the  payment  of  the 

tax  known  as  the  war  tax,  levied  by  the  government  of  the 
Oonfedei-ate  States  upon  the  people  of  North  Carolina,  by 

an  act  of  the  Confederiito  Congress,  rntifiod  on  the 

day  of ,  1861.  ^ 

2.  Be  it  further  ordained.  That  in  order  to  provide  tlic  Trcisury  not - 
means  for  the  payment  of  said  tax,  the   Ireasurer  ot  the  wit. imonst 

1      "^  '  lie  i??\icil. 

State  is  hereby  directed  to  issue  Treasury  notes,  redeema- 
ble in  five  years,  to  an  amount  not  exceeding-  a  sum  suffi- 
cient to  provide  the  payment  of  said  tax,  which  notes  sluill 
ho  made  convertible,  at  tlie  option  of  tlie  liolder,  into 
coupon  bonds  bearing  seven  per  cent,  interest,  pay  of)  h' 
semi-annually,  at  the  Treasury,  and  such  bonds  being 
redeemable  ten  years  after  date. 

3.  Be  it  further  ordained.  That  the  Public  Treasurer  is  i.<s..;M.ifo„i 

Iicreby  directed,  when   called  upon  to  do  so,  to  issue  the 

coupon  bonds  described  in  the  preceding  section  of  this 
(•rdinance  for  the  purpose  therein  specified. 

4.  Be  it  further  ordained^  That  the  Treasurer  is  hereby  rrc.L«ur.i- 

.,.,,'.      (lirortPit  to  ii;i\ 

directed  to  apply  the  Treasury  notes  to  be  issued  in  ohedi-  ti»'t»x. 
encc  to  this  ordinance,  in  such  manner  as  may  be  necessary 
to  the  payment  of  said  Confo<1ornte  tnv.  whieh  lie  ishoroby 
directed  to  make. 

,   5.  Be  it  further   ordained,    Thiit    iu    payment    of  the  f;'^;J,';,!;',;;|:;, 
Treasury  notes  hereby  authorized,  or  of  the  bonds  in  which  J,';,'^,!!!'"^;;^"';- 
they  arc  funded,  the  funds  in  the  Treasury  dcnved  from  »"<''"'•!"'•'•, 
the  ordinary  subjects  of  taxation,  shall  not  be  used,  bnt 
the  same  shall  be  raised  by  a  tax  on  the  same  subjects  of 
taxation,  with  the  same  exemptions  that  are  made  in  the 
act  of  the  Confederate  Congress  imposing  said  tax,  so  thiit 
the  white  polls  and   persons    whose   (\states   do  not  exceed 


1». 


Statk  Oonvkntton. 


[Feb.. 


iddicional  tax 
list  to  hp  mado 

■  lUt. 


live  Imiidrcd  thouBaiul  dollars,  shall  nut  be  liable  to  pa^y 
any  part  thereof;  and  those  who  have  money  in  posses- 
sion or  in  deposit,  shnll  ho  liahle  ns  under  said  act  of  Con- 
gross. 

6.  Be  it  further  ordained^  That  for  the  purpose  of 
raising  tlie  money  to  pay  said  Treasury  notes  or  bonds  in 
which  they  may  be  funded,  an  additional  tax  list  shall  be 
made  out,  setting  forth  only  the  subjects  of  taxation 
enumerated  in  the  said  act  of  tlie  Confederate  Congress, 
and  the  Treasurer  shall  open  and  keep  a  separate  account  of 
said  fund.     [Jlatified  the  17th  day  of  Fehruary,  1862.] 


[No.  22.]  A  RESOLUTION  IN  FAVOR  OF  SOLDIERS  DE- 
TAINED AT  RAILROAD  .STATIONS  IN  THIS 
STATE. 


lo  furai?h  vfil- 
iiuteers  will) 
food  and 
loading. 


Resolved^  That  the  Quartermaster  and  Commissary  at 
Raleigh  and  other  railroad  connections  in  this  State  be 
directed,  if  in  their  power,  to  furnish  all  volunteers  who 
may  be  necessarily  detained  at  these  places,  with  food  and 
lodging  so  long  as  they  are  necessarily  detained,  and  they 
shall  be  allowed  the  same  in  the  settlement  of  thoir  accounts. 
{Ratified  the  11th  day  of  Fehruary.  1862.] 


[No.  28.]   AN  ORDINANCE  TO  RAISE  NORTH  CAROLINA'S 
QUOTA  OF  CONFEDERATE  l^ROOPS. 


10  call  for 
TolunlM-r--. 


1 .  Be  it  ordained  by  tJie  Delegates  of  the  people  of  North 
Carolina^  in  Convention  asMmhled,  and,  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  it  shall  be  the  duty  of 
the  Governor,  from  time  to  time,  to  issue  his  proclamation 
calling  for  volunteers  to  meet  the  requisitions  of  the  Con- 
federate Government,  noAv  made,  or  hereafter  to  be  made  : 
Provided,  liowever,  That  volunteers  heretofore  in  ser- 
vice, ro-enlisting,  shall  have  credit  foi^the  time  they  have 
served :  Provided,  further,  That  said  volunteers  shall  not 


.^iy2.]  Statk  Convention.  I^'i' 

1)0  [retained  iii  service]  for  a  longer  time  than  tliree  year.s, 
'  and  to  be  sooner  discharged  in  case  the  present  war  ter- 
minates before  the  expiration  of  that  time  :  And,  i^rovided, 
further,  That  the  Governor  shall  not  be  required  to  keep 
in  the  Confederate  service  more  tlian  the  regular  quota  of 
NTorth  Carolma, 

2.  Be  it  further  ordained.  That  the  Governor  shall  call  TUcrountiP?  m 

1  '.  n-ii  !.•  ii  supply  t.h(»ir 

upon  the  counties  to  furnish,  by  volunteering,  the  necessary  quotas, 

number  of  troops,  under  the  present  requisition,  according 

to  white  population  (after  crediting  them  with  the  troops 

already  in  the  service,  for  three  years  or  the  war,  and^tho  ^ 

volunteers  for  twelve  months)  to  complete  their  respective 

quotas,  on  or  before  the  15th  of  March.  1862. 

8.  Be  it  further   ordained,    Tluit  the   Governor  shall  i,i,t,>^nfraon 
require  each  Captain  now  in  the  service,  on  or  before  the  fn  bcVhtatned 
15th  day  of  March,  1862,  to  return  to  the  Adjutant  Gene- 
ral a  list  of  the  officers  and  men  under  his  command,  with 
ihe  county  of  the  residence  of  each  nt  the  time  of  his^entry 
into  service. 

4.  Be  it  further  ordained.  That  tlie  Governor  shall  call  ito.uii.im.-nt 

•  •  />  1  .  „  of  la  month" 

upon  the  several  captains  oi  volunteer  companies  troni  roiiinTpor=! 
North  Carolina  in  the  field  for  twelve  months,  or  officers  in 
command  of  companies,  to  muster  their  companies  for 
re-enlistment,  and  shall  make  known  to  them  the  earnest 
desire  of  this  Convention  and  the  people  of  North  Carolina, 
that  they  shall  enlist  for  three  years  or  the  war,  and  in  order 
to  forward  this  purpose,  tlie  captains  of  companies,  or  offi- 
cers in  command  of  the  company,  on  the  occasion  of  sucli 
muster,  shall  put  the  question  distinctly  to  every  officer 
and  soldier  belonging  thereto,  whether  lie  will  re-enlist  foi- 
three  years  or  the  war,  or  not;  and  those  agreeing  so  to 
ve-enlist,  he  will  cause  to 'subscribe  a  roll  containing  such 
obligation,  with  their  names  and  places  of  residence  at  the 
times  of  their  first  entry  into  service,  and  the  signatures 
of  the  persons  so  re-enlisting  shall  be  as  binding  as  if  they 
had  been  mustered  into  service ;  which  lists  he  will  imme- 
diately r'^turn  to  tlie  office  of  the  Adjutant  General  of  tho 
State. 


\ 


11  i  State  Co>rVKNTioN.  [Kri 

Kc-orK«ttU«iy.ii       f,.   Ji,.   ,(  further  ordained.    That    voluutccr  cmpanii  > 

.iiiMiHc  „Q^y   jjj   service,    rc-cnli.stiiig,    uiav    rotam    tliciv   present 

oriraiiizatioii,  or  rc-nrsaiii/.f  at  llicii-  option;  and  that  all 
volnntecr.s  not  rc-cnli;<ting  with-£tlu'irj  present  organi/-ation. 
sliall  be  thrown  into  companies  and  proceed  to  elect  compan  v 
connnissioned  officers,  Avho  shall  he  commissioned  by  the 
Governor :  and  the  company  commissioned  officers  shall 
elect  their  field  officers  :  Provided^  however,  That  tbe  com- 
missions of"  all  officers,  company  or  field,  who  shall  li<' 
re-olccted,  shall  bear  the  dates  of  their  former  commission-. 

i!.-oruiiin.'.  <».  Be  it  further  ordained^  That  the  Governor  shall  ha  vo 

power  to  appoint  captains  and  lieutenants  to  recruit  men 
for  tlic  service  aforesaid,  and  to  organize  the  men  so  recruitcil 
into  companies  and  regiments;  and  the  company  commis- 
sioned officers  shall,  in  all  cases,  elect  their  field  officer 
under  the  rules  noAv  prescribed:  Froridcd,  however,  Thar 
no  person  shall  receive  a  commission  or  pay  under  said 
appointments,  except  as  follows:  When  any  person  shall 
tender  forty  privates,  who,  in  writing,  have  agreed  to  serve 
under  him,  a  Captain's  commission  and  pay;  and  in  like 
manner  for  twenty-five  privates,  a  first  Lieutenant's  com 
mission  and  pay  ;  and  for  fifteen  privates,  a  second  Lieuten- 
ant's commission  and  pay. 

$50bouuijto         7.   Be  it  further  ordained,  That  a  bounty  oi  fifty  dollar-. 

vr,iunt<««r'A  r    deducting  the  bounty  already  paid,  shall  be  paid  by  the 
State  to  all  privates,  musicians,  and  non-commissioned  offi- 
cers whose  term   of  service  altogether  shall   be  for  three 
years  or  the  war,  to  be  paid  at  the  following  times,  to-wit  : 
To  all  volunteers  now  in  service  at  the  time  of  their  re-entry 
into  service ;  to  all  now  in  the  service  for  three  years  or  tin- 
war,  at  the  expiration  of  their  first  year's  service ;  to  all  ne\\ 
volunteers,  at  the  time  of  their  entry  into  service  :  Provided, 
however.  That  any  soldier  may  permit  his  bounty  to  remain 
in  the  Treasury  and  draw  the  same,  with  interest,  at  th( 
'xpiratiou  of  one  year  from  the  time  it  is  due,  or  at  tl 
time  of  his  discharge:  And,  provided  further.  That  sut 
payment  may  be  made  in  Treasury  notes,  unless  otherwi 
provided  by  law.    [  Ratified  the  1 0/7/  dmj  of  Fe!,ninrjj.  1 86'2.J 


18G2.]  State  Cunventiok,  119 

AN  OKDINANCE  TO  PROHIBIT,  FOR  A  LIMITED  [No.  24.] 
TIME,    THE    MANUFACTURE    OF    SPIRITOTTS 
LIQUORS  FROM  GRAIN. 

1.   Be  it  unlaliwd  lui  tin;  hckqattn  of  the  pevolc  vf  North  tun  ui  ;;o  cuu 

"  '^  "^  i       r        •'  jji,|.  gallon  \ijr 

<  'arolina.m  Convention  assembled,  and  it  is  herein/  ordained  liquo"  piauu- 
'•>/  the  author itij  of  the  same.  That  there  shaU  be  a  tax  of  °"^V' ^''*'' 

■'  1/     •'  April. 

thirty  cents  levietl  on  each  gallon  of  spirituous  liquors 
manufactured  in  this  State,  out  of  any  corn,  wheat,  rye  or 
oats,  or  any  mixture  of  any  or  either  of  them,  from  the 
ratification  of  this  ordinance  up  to  the  fifteenth  day  ol" 
\]>ril  next. 

'2.  Be  it  farther  ordained.  That  from  and  after  the  15th  Muuuuiauiv 
day  of  April  next,  it  ^hall  not  be  lawful  for  any  person  in  fMb  aphi.'  ^" 
this  State  to  distil  any  such  spirituous  liquors,  and  all  per- 
sons guilty  of  violating  this  section  of  this  ordinance  shall, 
for  each  and  every  act  of  distillation,  be  guilty  of  a  misde- 
meanor, and  on  convi<;ti<,»n  thereof,  shall  be  fined  or  imprisoned 
at  the  discretion  of  the  court ;  the  fine  not  to  be  less  than 
one  hundred  dollars,  or  the  imprisonment  less  than  thirty 
days. 

:3.  Be  it  further  ordained,  Thai  there  shall  be  levied  a  Taxoi>ii-tr 
tax  of  one  dollar  on  every  gallon  of  spirituous  liquors  sold  Mquo?s''mauu- 
iii  this  State,  not  of  the  manufacture  of  this  State;  and  uie state. 
said  tax  shall  be  paid  by  the  seller,  and  .should  the  seller  be 
K  non-resident,  then  the  tax  shall  be  paid  by  the  purchaser. 

4.  Be  it  further  ordained,  That  each  and  every  person,  Persons  i..  give 

1  1  •  •       1  •      T  /•  11  1      11      1  •         in  numlMT  (if 

when  he  gives  in  his  list  oi  taxable  property,  shall  also  give  Rations  man u- 

^  1  •  1  •  •  1     1-  ,  ,  fnrturcdin 

111,  on  oath,  to  the  magistrate  taking  saui  list,  the  number  tii.irtflxiisi, 
of  gallons  of  spirituous  liquors  on  which  he  is  liable  to  pay 
i;ixe8  under  the  provisions  of  this  ordinance,   under  the 
penalties,  liabilities  and  forfeitures  already  provided  by  law 
in  such  cases. 

.1.  Be  if  further  ordained.  That  the  tax  of  one  dollar, 
mentioned  in  section  third  of  this  ordinance,  shall  not  a])- 
ply  to  liquors  brought  into  thi.=5  State  before  the  first  <lay  of 
March  next. 


120  State  Convention.  PFeb., 

I 

ibiroiJiuHucu        6.  Be  it  further  ordained,    That  this  ordiiuince  shall  be" 

to  coiitiuur  in       .       ,.  „  i      p  •  •  n         •  i  •  •       /• 

till  Jnu  ly  Hi  lorce  irom  and  after  its  ratification,  and  continue  in  force 


1st.  1800. 


until  the  first  day  of  January,  18G3.  and  no  longer,  unlc 
re-enacted,  modified  or  amended  by  the  General  Assembly 
[IlatHird  the  11i<t  >hn)  of   Fi'lmmni,  18G2.] 


(^■o.  lb.]   AN  OKDixNANCE  llELATlVE  TU  THE  EXPENSES 
[NCUllRED  BY  THE  BOARD  OF  CLABIS. 

luoWfuui  Be  it  urdaiued  bij  the  Delegates  of  the   people  of  Norili 

Carolina  in  Convention  assembled,  and  it  is  Itereby  ordaind 
by  the  autJwrity  of  the  same.  That  the  Board  of  Claiui^ 
may  draw  upon  the  Public  Treasurer  for  all  incidental 
expenses  necessarily  incurred  by  them  in  the  discharge  of 
their  official  duties  :  Provided,  That  such  expenses  shall 
not  exceed,  in  the  whole,  tlie  sum  of  five  hundred  dollars  : 
And,  provided  further,  That  said  Board  shall,  in  their 
final  account,  render  to  the  State  a  statement  of  all  monies 
by  them  expended  under  this  ordinance,  [^llatijledthe  21st 
day  of  February f  ,1862.'] 


(No.  26.]  ^^  OlIDINANCE  TO  MAKE  SOME  PROVISION 
FOR  THE  FAMILIES  OF  SOLDIERS  DYING  IN 
SERA^CE. 

uouuii  oi  I.   He  it  ordained  by  the  iJt  legates  of  the  ptople  of  North 

iirrcsrages  due  !•.>-»  .  »t7  i    >     •     i         i  -i    •        , 

i.-Botofumiiiw  Carolina  in  Convention  assembled,  and  it  is  hereby  ordained 

of  doocaftL'fJ  , 

uidicr^  by  the  authority  of  the  same,  That  in  case  of  the  death  iii 

service  of  any  soldier,  intestate,  who,  at  the  time  of  hi- 
death  was,  or  shall  be,  entitled  to  bounty  or  any  arrearage- 
itf  pay  from  this  State,  such  bounty  and  ])ay  shall  belong 
and  be  payable  to  the  widow  of  such  intestate  soldier,  and 
if  there  be  no  widow,  to  his  children,  and  if  there  be  n<> 
children,  then  to  his  next  of  kin  as  designated  in  the  Stat- 
ute of  DiHtfiliiitioi!^.   :ni(l   in   the  proportion,';   therein    pr*- 


1802.]       State  Convention.  121 

scribed,  and  the  identity  of  the  person  or  persons  claiming 
the  same,  and  the  degree  of  relationship  of  him,  her  or 
them,  to  the  intestate  as  aforesaid,  shall  be  established  to 
the  satisfaction  of  the  proper  executive  or  military  author- 
ities, according  to  such  regulations  and  rules  as  may  be 
prescribed  by  the  said  authorities. 

2.  Be  it  further  ordained,  That  any  person  who  shall  raise  afiianTit,', 
wilfully  sAvear  falsely  in  any  affidavit,  deposition  or  testi- 
many  made  or  given  for  the  purpose  of  establishing  or 
endeavoring  to  establish  a  claim  to  any  such  bounty  or  pay, 
shall  be  guilty  of  perjury,  and  upon  conviction  thereof 
shall  be  punished  accordingly,  [^llatified  the  22d  dai/  of 
February,  1862.] 


AN  ORDINANCE  CONCERNING  THE  PAYMAS-  [No.  27.] 
TER'S  DEPARTMENT. 

1.  Be  it  ordained  by  the  Deleqates  of  the  people  of  North  officoorAssist- 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  fstni-iisiieu. 
by  the  authority  of  the  same,  That  the  twenty-third  sec- 
tion of  the  act  of  the  last  session  i)f  the  General  Assembly, 
entitled  "Militia  Bill,"  be  amemled  as  follows:    "That 

there  shall  be  one  additional  officer  appointed  by  the  Gov- 
ernor, to  be  attached  as  Assistant  to  the  Paymaster's  De- 
partment, with  the  rank  and  pay  of  a  First  Lieutenant, 
who  shall  be  subject  to  the  same  chief  of  the  said  depart- 
ment, and  to  the  rules  and  regulations  of  the  same. 

2.  Be  it  further  ordained.  That  the  said  office,  created 
by  this  ordinance,  may  be  vacated  by  the  Governor  or  the 
Legislature,  whenever  the  public  interest  may  require. 
[Ratified  the  llth  day  of  February,  1862.] 


RESOLUTION  IN  BEHALF  OF  WM.  R.   LOVELL.  [No.  28.] 

Resolved,  That  the  Treasurer  of  the  State  pay  to  Wil-  r»yf<  m- 
liam  R,  LovcU  the  sum  of  eiglity-twu  dollars,  expended  by 
16 


l22  State  Convention.  [Feb., 

him  for  the  use  of  the  sick  soldiers  of  the  eleventh  regi- 
mcnt  of  North  Carolina  Volunteers,  near  Manassas,  when 
employed  as  a  nurse  in  August  and  September  last.  [Eat- 
■ifu-J  the  1'tth  day  of  February,  18G2.] 


[No.  29.]   A    RESOLUTION    IN    FAVOR    OF    THE     DOOR 

KEEPERS. 


fttra 


•ays  e«rh  t26  Rcsolvod,  That  tlic  Trcasurer  pay  to  the  Doorkeepers 
of  the  Convention  twenty-five  dollars  each,  for  servants' 
hire  and  extra  expenses  incurred  by  them  during  the  pres- 
ent session.     [^Ratified  the  2Uh  day  of  February,  18G2.] 


[No.  30.]  AN  ORDINANCE   TO    ENCOURAGE   THE  MANU- 
FACTURE OF   COTTON    AND  WOOL  CARDS. 

offTs  u,  innn  to      Be  it  ordaiued  by  the  Delegates  of  the  'people  of  North 
liPi.iugnmnu-    Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained 

lin-tories  the  ,  ■  .         .  /.     7  rni  •  f> 

amount  of  tiie    by  the  autiLority  oj  the  same,     ihat  il  any  person  or  per- 

( -out  of  Oie  in  1      •!  T  1  1   •  r  1 

««m^  sons  shall  erect  l)uuuings  and  construct  machinery,  tor  tlu- 

purpose  of  manufacturing  cotton  and  wool  cards,  and  shall 
make  proof  to  the  Governor  of  the  cost  of  such  works, 
the  Governor  be,  and  he  is  hereby  authorized  to  draw  on 
the  Treasurer  for  sums  not  exceeding  the  cost  of  said 
works,  to  be  loaned  to  the  owners  thereof,  on  the  execu- 
tion by  them  of  bonds  payable  to  the  State,  with  sufficient 
security,  conditioned  to  repay  such  sums  at  such  time  as 
the  General  Assembly  may  prescribe,  and  with  such  inter- 
est as  may  be  required,  not  exceeding  .six  per  cent,  per 
annum :  Provided,  That  such  advances  shall  not  exceed, 
in  the  aggregate,  the  sum  of  ten  thousand  dollars  :  And, 
provided  further.  That  the  cards  thus  manufactured  shall, 
in  the  first  place,  be  offered  to  sale  to  the  citizens  of  this 
State.     IHafified  the  25f//  day  of  February,  18G2.] 


1862. 1  State  Convention.  123 

AN  ORDINANCE  FOR  THE  PAYMENT  OF  CLAIMS  [No.  31.] 
AUDITED  AND  ALLOWED  BY  THE  BOARD  OF 
CLAIMS. 


Board  of 

menU 


1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  olsbur^ 
by  the  authority  of  the  same.  That  the  Public  Treasurer, 
upon  the  warrant  of  the  Governor,  pay 

To  Samuel  L.  Dill,  of  Carteret,  the  sum  of  thirteen  hun- 
dred dollars ; 

To  G.  W.  Dill  &  Co.,  of  Carteret,  fourteen  hundred  and 
thirty-three  dollars  and  thirty-three  cents  ; 

To  W.  G.  Towler,  of  New  Hanover,  thirty-two  dollars 
and  fifty  cents ; 

To  the  Marine  Railway   Company,  of   New  Hanover, 
forty- eight  dollars  and  ten  cents ; 

To  Dr.  Jno.  F.  Miller,  High  Point,   forty -dollars  and 
ninety  cents ; 

To  Mclntyre  &  Brown,  New  Hanover,  sixty-eight  dollars 
and  twenty-six  cents; 

To  Thomas  II.  Allen,  of  Craven,  fifty-seven  dollars ; 

To  J.  M.[M.  Houston  &  Co.,  Lincoln,  one  hundred  and 
four  dollars  and  fifty-seven  cents ; 

To  John  M.  AVolfe,  Orange,  three  dollars  and  fifty  cents ; 

To  E.  H.  Cunningham,    Buncombe,  one   hundred    and 
forty-three  dollars  and  twenty-five  cents : 

To  Willie  Walston,  Edgecombe,  forty-six  dollars  and 
sixty-five  cents ; 

To  P.  B.  Hardin  tfc  Co.,  Alamance,  eight  dollars  and 
thirty-five  cents ; 

To  Dr.  W.  D.  Somers,  White  Sulphur  Springs,  Va.,  five 
dollars  and  seventy-five  cents  ; 

To  E.  J.  Hale  &  Sons,  Cumberland,  five  dollars  and 
thirty  cents  ; 

To  J.  H.  Wood,  Rowan,  two  hundred  and  fifty-eight  dol- 
lars and  forty-eight  cents ; 

To  John  A.  Graves,  Caswell,  twelve  dollars  and  sixty- 
cents  :  ' 


124  State  Convention.  [Feb., 

B..»r.i  M  To  II.  C.  Stroud,  assignee  for  Frank  Harris,  Orange, 

ri«iiii»—  ,  ,, 

iH'-bumeinpnu.  thirty  lioliars  ; 

To  Harris  &  IIowcU,  New  Hanover,  sixty  dollars ; 

To  Philip  Sale,  Greenville  County,  Va.,  twenty-five  dol- 
lars ; 

To  Joseph  Barnham,  Northampton,  seven  dollars  ; 

To  Phifcr  &  York,  Cabarrus,  one  thousand  and  thirty- 
nine  dollars  and  sixty-seven  cents  ; 

To  Samuel  Calvert,  Northampton,  one  hundred  and  fifty 
dollars ; 

To  W.  V.  Lloyd,  Edgecombe,  ninety-six  dollars  and  sev- 
enty-five cents ; 

To  Edwin  M.  Holt,  Alamance,  two  hundred  and  eighty 
dollars  and  thirty-two  cents; 

To  Jas.  Tiddy,  Lincoln,  forty  dollars ; 

To  William  Tiddy,  Lincoln,  four  dollars  ; 

To  John  L.  Bridgers,  Edgecombe,  thirty-five  dollars  and 
fifty -five  cents; 

To  D.  C.  McGregor,  Buncombe,  six  dollars  and  twenty- 
five  cents ; 

To  W.  11.  Stone,  Buncombe,  fifty-nine  dollars  and  twenty- 
five  cents ; 

To  II.  S.  Alexander,  Buncombe,  thirty-three  dollars  and 
three  cents ; 

To  S.  H.  Christian,  Montgomery,  thirty-four  dollars  and 
seventy-five  cents ; 

To  Isaac  Ramsey,  Carteret,  ninety-six  dollars  and  eighty- 
four  cents ; 

To  Isaac  Ramsey,  assignee  for  L,  II.  Styron,  Carteret, 
fifteen  dollars  and  sixty  cents  ; 

To  Jos.  S.  Norman,  Washington,  thirty-three  dollars  ; 

To  Dr.  Peter  E.  Ilines,  Craven,  one  hundred  and  two 
dollars  and  sixty  cents  ; 

To  Dr.  A.  C.  Folson,  Brunswick,  ninety  dollars  ; 

To  J.  R.  and  W.  B.  Cainer,  Martin,  forty-six  dollars  and 
thirty-eight  cents ; 

To  Dunn  &  Spencer,  I'ctersburg,  one  hundred  and  thirty- 
three  dollars  and  seventy-six  (cents)  dollars  ; 


1862.]  State  Convention.  125 

To  Fulton.  &  Price,  New  Hanover,  twenty-two  dollars  n^^Rvd  or 

'  '  ''  Claims— 

and  fifty  cents  ;  Digbursemcnts. 

To  Hart  &  Bailey,  New  Hanover,  two  hundred  and  sixty- 
eight  dollars  and  fifty-eight  cents ; 

To  John  P.  Mabry,  Davidson,  twenty  dollars  and  twenty 
cents ; 

To  J.  B.  Whitehurst,  Carteret,  twenty-four  dollars: 

To  Thomas  Duncan  k  Son,  Carteret,  eighty-three  dol- 
lars and  seventeen  cents ; 

To  E.  G.  Clark,  AVilson,  fifty  dollars  and  twenty-five 
cents ; 

To  Mrs.  Sarah  A.  Reid,  Wake,  thirty-five  dollars ; 

To  Patton  &  Alexander,  Buncombe,  two  hundred  .and 
forty-three  dollars  and  forty  cents ; 

To  A.  Mitchell  cS:  Son,  Craveu,  two  hundred  and  fifty 
dollars  and  twenty-five  cents  ; 

To  W.  W.  Smith,  Buncombe,  two  hundred  and  thirty- 
five  dollars  and  sixty-one  cents  ;  * 

To  Benjamin  M.  AValker,  Washington,  one  hundred  and 
twenty-eight  dollars  and  ninety  cents  ; 

To  J.  F.  Crawley,  Beaufort,  one  hundred  and  thirty-eight 
dollars  and  fifty-five  cents ; 

To  Capt.  C.  M.  Avery,  Burke,  fofty-two  dollars  and 
fifty  cents ; 

To  Dozier  &  Co.,  Edgecombe,  eighty-one  dollars  and 
thirty-five  cents ; 

To  Jacob  Bachman,  Chowan,  twenty-four  dollars  and 
thirty-five  cents ; 

To  J.  L.  Pennington,  Craven,  seventy-seven  dollars  and 
forty-three  cents : 

To  E.  G.  Mangum  &  Co.,  Orange,  one  hundred  and  eight 
dollars  and  thirty-nine  cents ; 

To  W.  C.  King,  Carteret,  two  hundred  and  fifty-eight 
(lollars  and  eighty  cents; 

To  Geo.  W.  Ward,  Martin,  twenty-five  doUnrs ; 

To  W.  W.  Ilapper,  Halifax,  fifty  dollars  and  thirty 
cents ; 


125  State  Convention.  [Feb., 

Bn«^  "f  To  J.  J.  Jenkins,  Clcavcland,  twenty-six    dollars  and 

»•*•  tliirty-tlircc  cents ; 

To  Millor  &  Foster,  Davidson,  three  hundred  and  forty- 
two  doUars  and  twenty-eight  cents  ; 

To  James  A.  Washington,  Wayne,  five  hundred  and 
ninety-one  dollars  and  fifty-nine  cents ; 

To  llich'd  C.  Coher,  Northampton,  forty-five  dollars ; 

To  J.  11.  Davidson,  Iredell,  forty-six  dollars  and  ninety- 
three  cents ; 

To  Polk  county,  five  hundred  and  one  dollars  and  twen- 
ty-eight cents; 

To  Richmond  county,  three  thousand  three  hundred  and 
ilineteen  dollars  and  thirty-one  cents  ; 

To  Alamance  county,  two  thousand  six  hundred  and 
ninety-one  dollars  and  fifty-four 'cents; 

To  Iredell  county,  two  thousaiul  one  hundred  and  forty- 
nine  dollars  and  eighty-six  cents  ; 

To  Macon  county,  six  hundred  and  fifty-four  dollars  and 
seventy-five  cents ; 

To  Currituck  county,  eighty-nine  dollars  and  ninety-one 
cents ; 

To  Cumberland  county,  five  thousand  four  hundred  and 
thirty-seven  dollars  and  sixty-six  cents ; 

To  Alexander  county,  five  hundred  and  twelve  dollars 
and  eleven  cents ; 

To  Lenoir  county,  six  thousand  four  hundred  and  ninety- 
nine  dollars  and  nine  cents  ; 

To  Jos.  H.  Neff,  New  Hanover,  one  hundred  and  sixty- 
three  dollars  and  sixty  cents  ; 

To  Jerry  Drew,  and  others,  Northampton,  one  hundred 
dollars  ; 

To  Stanly  county,  two  thousand  seven  hundred  thirty- 
three  dollars  and  thirty-five  cents; 

To  Surry  county,  two  thousand  eight  hundred  and  fifty- 
three  dollars  an<l  thirty-one  cents  ; 

To  Caswell  county,  three  thousand  nine  hundred  and 
forty-three  dollars  and  fifty-seven  cents  ; 

To  Charles  M.  Rogers,  one  hundred  and  eighty-five  dol- 
lars and  sixty-five  cents ;  and 


1862.]  State 'CoNVENTioiT.  127 

To  Charles  H.  K.  Taylor,  assignee,  three  hundred  and  Boani  of 

I    ,,  ■,      .  .  Claims  — 

twenty-tAvo  dollars  and  sixty-nine  cents ;  uisburs.uipnt." 

And  that  said  payments  be  made  without  prejudice  to 
claims  which  have  been  presented  and  not  allowed,  on 
account  of  commutation  pay  received  from  the  Confede- 
rate States.     \_Eatified  the  25th  day  of  February ,  18G2.] 


AN  ORDINANCE  TO  TAX  MONEY.  j-^o.  32.] 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North  Monies  on  hana 
Carolinay  in  Convention  assembled,  and  it  is  hereby  ordained  tsxed  mieifitth 
by  the  authority  of  the  same,  That  hercatter  all  monies  on 

hand,  and  all  monies  on  deposit  with  individuals,  or  in  the 
banks  or  other  corporations,  shall  be  taxed  one-fifth  of  one 
per  cent.,  as  now  imposed  on  money  at  interest ;  and  all 
persons  having  money  in  possession  or  on  deposit,  as  afore- 
said, on  the  first  day  of  April  in  each  and  every  year, 
sliall  be  required  to  hst  the  same  when  they  list  other  taxa- 
ble property,  under  the  same  liabilities  and  responsibilities 
as  are  now  imposed  by  law  for  failure  or  neglect  to  list 
other  taxable  property:  Provided,  That  bank  notes  and 
Confederate  State  Treasury  notes  shall  Be  considered  money. 

2.  Be  it  further  ordained,  That  the  provisions  of  this  1,0,=-  iiian  $100 
ordinance  shall  not  apply  to  those  who  may  have  less  than 

one  hundred  dollars  to  list. 

3.  Be  it  further  ordained.  That  this  ordinance  may  be 
modified  or  repealed  by  the  General  Assembly.  [Ratified 
the  2Gth  day  of  February,  1862.] 


AN  ORDINANCE    REGULATING   THE   APPOINT-  [No.  33.] 
MENT  OF  COMPANY  OFFICERS. 

Be  it  ordained  by  the  Dekyates  of  the  people  of  North  varanriw  tn  he 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  pn.inoiion. 
by  the  authority  of  the  same,    ThAt  whenever  a  vacancy 
occurs  in  the  commissioned  officers  of  any  of  the  companies 


128  State  Convbktion.  [Feb., 

in  this  State,  raised  under  an  act  entitled  "an  act  to  raise 
ten  thousand  State  Troops,"  or  to  be  raised  under  the  ordi- 
nance entitled  "an  ordinance  to  raise  North  Carolina's 
(juota  of  Troops,"  the  vacancy  shall  be  filled  by  promotion 
of  the  officers  next  in  grade  in  said  company  ;  and  whenever 
a  vacancy  shall  occur  in  the  office  of  junior  second  lieutenant, 
the  vacancy  shall  be  filled  by  election  by  the  non-commis- 
sioned officers  and  privates  of  the  company  in  which  such 
vacancy  occurs.     \^liatifie(tthc  2Gth  day  of  Fchruary^  18C2.] 

% 

[No.  34.]  AN  ORDINANCE  CONFERRING  ON  THE  COM- 
MISSIONERS OF  [THE]  TOWN  OF  WILMING- 
TON AND  OTHER  TOWNS  CERTAIN  TOWERS 
FOR  THE  DEFENCE  THEREOF. 

Auti.ori7.pj  t«  1.  Be  it  ordained,  ^-c,  That  the  commissioners  of  the 
i.ftu»iv«  works  town  of  Wilmington  shall  have  power  to  place  obstructions 
in  the  river,  and  to  erect  or  to  complete,  if  already  in 
process  of  erection,  any  work  or  works  upon,  or  at  the 
mouth  of  Cape  Fear  River,  or  around,  near  or  within  the 
said  town,  which  they  may  deem  necessary  for  the  defence 
thereof,  and  also  for  the  like  purpose',  to  purchase  cannon, 
powder,  ball  and  other  munitions  of  war:  Provided,  That 
the  said  obstructions  are  placed  in  the  river,  with  the  con- 
sent of  the  Confederate  officer  in  command. 
I'roTi^ion  10  2.  Be  it  further  ordained,  That  to  meet  the  expenses 

txi.eii>uH.  which  may  be  incurred  under  the  foregoing  section,  the  said 
commissioners  shall  have  power  to  borrow  money  upon  such 
terms  and  under  such  regulations  as  they  may  adopt,  and 
to  impose  such  taxes  upon  the  subjects  now  liable  to  taxa« 
tion  within  said  town  as  may  be  necessary. 
ThePtfito  3.  Be  it  furtlmr  ordained.  That  whenever  the  command- 

iiMumcs  the  -rv.  Ill  -pii  •  111 

cxpenwB  ing  officer  shall  certiiy  that  the  expenses  incurred  by  the 

l.rtiTi.h-d  (ho  ^        .      .  ,,.■,•  r  y 

t'oiiwurntu      connnissioners  under  this  ordinance  were  necessary  tor  the 

ioBh^unioiiMin  State  tlcfence,  the  same  shall  be  a  charge  upon  the  Public 

Treasury  :  Provided,  That  application  shall  have  first  been 

luiide  to  the  Confederate  (jovernment,  and  they  shall  have 


,  I^OI^.J 


State  Convention.  ^-^ 


failed  to  assume  tlie  paymoTit  of  the  same  six  months  after 
said  application. 

4.  Be  it  further  ordaine.cl    That  the  provisions  of  this  ^-^^^^ 
ordinance  be  extended  to  the  commissioners  of  the  towns 
of  Newbern  and  Washington,  or  any  other  towns  that  may 
inake  the  same  application,  under  similar  circumstances. 
[RaiiJirdth<'2Qthdiij^  of  Fehrvmy/,  18G2.] 


\N    ORDINANiCE    TO    PROVIDE    FOR    FUNDING  [No.  3",.] 
THE  TREASURY  NOTES  OF  THIS  STATE,  AND 
FOR  OTHER  PURPOSES. 

1.  Be  it  ordained,  #r.,  That  any  of  the  Treasury  notes  ^^''J;.,^,:-'^"^ 
issued  or  hereafter  to  he  issued  under  the  ordinance  of  this  »""'»'< 
Convention,  ratified  the  1st  of  December,  1861,  directing  the 
issue  of  three  millions  of  Treasury  notes,  as  well  as  those 
issued  by  an  ordinance  of  the  present  session,  entitled  "Atl 
ordinance  to  provide  for  the  assumption  and  payment  of  the 
Confederate  Tax,"  may  be  funded  at  the  will  of  the  holder 
in  coupon  bonds  of  the  State,  to  be  prepared  by  the  Treas- 
urer, and  payable  20  years  aftSr  date,  or  sooner,  at  the 
pleasure  of  ihc  State,  and  bearing  interest  at  the  rate  of 
eight  per  cent,  per  annum,  payable  semi-annually  at  the 
Treasury,  or  in  six  per  cent,  bonds  of  the  State,  payable  30 
■  years  after  the  1st  of  January,  1802,  interest  payable  semi- 
annually, exchangeable  in  Treasury  notes,  at  the  option  of 
the  holder,  from  time  to  time,  until  the  Treasury  notes  fall 
due,  said  bonds  being  of  th-  .lonnminntions  of  ^r.OO  au<I 
$1,000,  in  equal  proportion?. 

2.  Be  it  further  ordained.  That  all  taxes  due  to  the  State  m.v^-^  p"'..  .- 
or  to  counties,  and  for  school  purposes,  or  taxes  for  the 
poor,  and  all  payments  for  entries  of  public  lands,  and  all 
other  dues  to  Uic  State,  and  all  fines  and  forfeitures  for  the 
use  of  the  State  or  counties,  shall  be  paid  in  Treasury  notes 
of  the  State  or  of  the  Confederate  States,  or  in  the  notes 
of  such  of  the  solvent  banks  of  this  State  as  shall  receive 
and  continue  to  receive  and  pay  out  aa  t.ioney  nt  par  the 
17 


no 


^TKTV    C«")\VKKTTO\. 


[F.'h., 


Af>roiinl  tfi  \<c 
krpt  ot  tllOhf 
I*  iumxl  or 
lundnl 


Antborizei  the 
(■•niicoftl.MXt.- 
OWl  In  Tr»-;i'^iirv 


ouMKiiilini: 
Buixunt  liniilnl 


|i>,  |I0  and  iM 
to  Im-  Imii<hI  ill 
••II  h»lJ|(r  li't 
$UiBiiil  {Km 

1J1>I«*V 


Troapurj'  notes  of  this  State,  or  in  gold  or  silver  coin :  and 
it  shall  he  the  duty  of  the  Treasurer  to  issue  instructions  to 
the  Sheriffs  and  tax  collectors  in  the  several  counties  on 
this  subject,  and  it  shall  not  he  hnvrni  fur  any  Sherift"  or 
collector  to  receive  taxes  in  any  other  funds  than  as  directed 
hy  the  Treasurer  under  this  ordinance. 

•3.  Be  it  furtht-r  ordained,  That  all  the  Treasury  note 
funiled  in  bonds,   or  paid  into  the  Treasury   for  taxes  or 
other  public  dues,  may  be  re-issued  in  payment  of  the  debt 
of  the  State,  or  in  exchange  for  six  per  cent,  bonds  of  tli. 
State,  on  application  of  the  holder  at  any  time  before  the 
notes  fall  due:  Provided,  That  the  Treasury  notes  issued 
to  pay  the  Confederate   tax   shall    not  be  used  to  pay  the 
debts  of  the  State:  and  the  Treasurer  and  Comptroller  shall 
each    keep  an  account  of  all   notes  re-issued    and    thos, 
refunded  in  bonds,  from  to  time,  and  the  date  of  such  trans 
action,  and  particularly  noting  the  interest  on  each  bond 
when  taken  up,  and  the  amount  of  interest  due  on  each 
bond  when  exchanged  for  Treasury  notes,  and  in  all  cases 
shall  charge  the  party  receiving  such  bonds  with  the  inter- 
est due  at  the  time  of  delivery. 

4.  Ji,  it  further  ordained.  I'hat  as  the  exigencies  of  the 
public  service  may,  in  the  opinion  of  the  Governor,  require 
before  the  fi.-st  day  of  January,  1863,  the  Public  Treasurer 
IS  authorized  and  recjuired  to  issue  other  Treasury  notes  as 
aforesaid,  not  exceeding  in  amount  the  further  sum  of  fifteen 
hundred  thousand  dollars,  and  that  the  said  notes  shall  be 
prepared,  signed  and  issued  as  in  the  said  ordinance,  rati- 
fied on  the  first  day  of  December,  18(31. 

f).  Be  it  further  ordained.  That  the  aggregate  amount 
of  said  Treasury  notes  outstanding  at  an/one  time,  and  ol 
the  bonds  given  in  exchange  for  or  discharge  of  Treasury 
notes  as  aforesaid,  shall  not  exceed  the  amount  of  suJh 
noteo  authorized  by  law  heretofore,  or  in  this  ordinance. 

t;.^  Be  it  further  ordained.  That  it  shall  be  the  duty  of 
the  Treasurer,  as  soon  as  convenient,  to  issue  Treasury 
i.otes  of  the  denominations  of  five,  ten  and  tucntv  .loHars 
n.  o.p.al  amounts,  instead  of.  and   io  exehan-M'  for.  anv  of 


1862. J  State  Convention.  1.31 

the  Treasury  notes  heretofore  issued,  not  bearing  interest, 
of  the  denominations  of  fifty  and  one  hundred  dollars,  on 
the  application  of  the  holders  of  said  notes,  and  when  so 
taken  up  or  exchanged,  the  f;ai(l  notes  of  fifty  and  one 
liundred  dollars  shall  be  cancelled,  and  the  same  shall  be 
noted  by  the  Treasurer  on  his  books  and  on  the  books  of 
the  Comptroller. 

7.  Be  it  further  urdaiiied,  That  if  any  one  shall  falsely  I'uniRijmpni  f-i 
forge,  or  knowinojly  pass,  or  oner  to  pass,  any  false,  forszed,  "rpHssiuR 

or  counterfeited  paper,  purporting  to  be  a  Treasury  note 
or  bond  of  this  State,  he  shall  be  liable  to  indi«tment  in 
the  Superior  Courts  in  the  county  in  which  such  offence 
may  be  committed,  and  on  conviction  thereof,  shall  suffer 
all  the  paiiis  and  penalties,  according  to  the  59th  section 
of  the  S4th  chapter  of  the  Revised  Code. 

8.  Be  it  further  ordained,  That  in  addition  to  the  Treas-  ti.'J'io.ono  in 

1  /•  •  1       •  1       11      1  1  bf  issued  ill 

ury  notes  heretoiore  issued,  it  shall   be  the  duty  of   the  smaii  dononn 

•^  .  ...  nation?. 

Treasurer  to  issue  one  million  of  dollars,  in  small  denomi- 
nations, to-wit :  four  hundred  thousand  dollars  in  the  de- 
nomination of  two  dollars,  foui-  hundred  thousand  dollars 
in  the  denomination  of  one  dollar,  one  hundred  thousand 
dollars  in  the  denomination  of  fifty  cents,  fifty  thousand 
dollars  in  the  denomination  of  twenty-five  cents,  twenty- 
five  thousand  dollars  in  the  denomination  of  twenty  cents, 
and  twenty-five  thousand  dollars  in  the  denomination  of 
ten  cents,  payable  on  the  first  day  of  January,  1866,  to 
be  used  in  liquidation  of  any  claims  against  the  State  to 
persons  willing  to  receive  the  same,  but  not  to  be  funded 
in  bonds  of  the  State,  but  shall  be  receivable  in  payment 
of  taxes  or  other  public  dues ;  and  he  shall  keep  an  accu- 
rate account  of  the  issues,  from- time  to  time,  made  under 
this  section  of  this  ordinance. 

9.  Be  it  further  ordained,  That  no  bank  receiving  the  Bank«rcw.itinc 
Treasury  notes  of  this  State,  as  contemplated  in  the  sec-  ^"'^^^^  '"'** 
tion  of  this  ordinance,  shall  be  required  to  receive,  or  have 

on  hand  at  any  one  time,  more  than  two-fifths  of  the  capi- 
tal stock  of  such  bank  in  said  notes. 


132  State  Convkntion.  [Feb.,  1K62 

Pr**iM( aru '.I       \()    J^f  jt  furtjirr  ordaliird,  That  so  much  of  the  act  el 
AM-mMvun-i    the  General  Assenibly,  entitled  "An  Act  to  provide  w;»v 
miiflci  .,^,1  means  for  the  defence  of  the  State,"  ratified  Septenibei 

1 8th,  1861,  as  authorizes  tlie  issue  of  one  million  dollar - 
of  the  denominations  of  two  dollars,  one  dollar,  fifty  cents, 
twenty-five  cents,  twenty  cents,  ten  cents  and  five  cents. 
«nd  also  the  ordinance  of  the  Convention,  ratified  Decern 
her  1,  1861,  directing  the  issue  of  three  millions  of  dollars 
of  Treasury  notes,  and  the  ordinance  to  provide  for  tli<: 
assumption  and  payment  of  the  Confederate  tax,  as  well 
as  all  the  issues  of  Treasury  notes  and  bonds  under  said 
act  and  ordinances,  arc  hereby  ratified  and  confirmed. 
Th. TtrH.nr.r        H.  Bc  It  furfJicr  ordained.    That  in  the  event  of  the 

■  n<1C«m|>tr<>ll<r  . 

tn.iii,.i.,.v,H!i     inability  of  the  Public  Ireasurer  or  Comptroller  to  siiin 

»-on»  lo  ^igii  the  ^  _  . 

notes.  ti,(.  Treasury  notes  authorized  by  law  to  be  issued  as  speed- 

ily as  the  demands  on  the  Treasury  may  require,  then  it 
shall  be  lawful  for  either  of  them  to  employ  some  discreet 
person,  by  and  with  the  advice  and  consent  of  the  Gov 
ernor,  to  sign  and  countersign  the  said  notes,  whose  namr 
shall  be  published  in  the  newspapers  in  the  city  of  Kaleigli. 
12.  Be  it  further  ordained.  That  this  ordinance  may 
be  repealed  or  modified  by  the  General  Assembly,  but  so 
as  not  to  affect  any  transactions  had  or  rights  vested  under 
the  same,  previous  to  such  modification  or  repeal.  [liati- 
fied  the  26<A  day  of  February,  1862.] 


ORDINANCES  AND  RESOLUTIONS' 


PASSED    RV 


THE    STATE    CONVENTION 


ul- 


NORTH   C!AROi;iNA. 


r 


^jFouvtf)  5^rssion  m  'Mpxii  ani)  ilttan,  1863. 


RALEIGH: 
JOHN    W.    SYMK.    PRINTER    TO    TIIK    CONVKNTION 

18G2. 


ORDINANCES  AND  RESOLUTIONS 

OF    THE 

STATE  CONVENTION 

OP 

NORTH   CAROLINA. 

FOURTH     SESSION     IN    APRIL    AXD    MAY,     I8C2. 


AN  ORDINANCE  IN  REGARD  TO  HOLDING  THE  [No.  l.J 
COURTS  IN  AND  FOR  THE  COURTY  OF  HERT- 
FORD. 

Be  it  ordained  by  the  Delegates  of  the  2)cople  of  *  North  my  w  bou  in 
Carolina^  in  Convention  assembled,  and  it  is  hereby  ordained  wLtoTi. 
by  the  authority  of  the  same,  That  hereafter,  until  other- 
^vise  provided  by  the  General  Assembly,  the  Courts  of 
Pleas  and  Quarter  Sessions,  and  also  the  Superior  Courts 
of  Law  and  Equity,  for  tlie  county  of  Hertford,  may  be 
lield  in  the  toAvn  of  AVinton,  or  in  any  convenient  building 
Avithin  one-half  mile  of  the  corporate  limits  of  said  town. 
[Ilatified  the  2Gth  day  of  April,  18G2.] 


RESOLUTION  IN  REGARD  TO  A  CERTAIN  CLAIM  [No.  2.] 
IN  FAVOR  OF  J.  R.  DAVIDSON. 

Whereas,  At  tlic  second  extra  session  of  this  Conven-  pnamMr 
tion  an  ordinance  was  passed  for  the  payment  of   claims 
audited  and  allowed  1)y  the  Board  of  Claims,  in  which  was 
IS 


138 


State  Convention. 


[April, . 


Tr«*fiir<"r  lf> 

wllbbold 

{■•yintot. 


included  a  claim  of  J.  R.  Davidson,  of  Iredell  county,  for 
forty-six  dollars  and  ninety-three  cents ;  and,  whereas,  it 
appears  that  this  same  claim  has  been  paid  to  the  claimant 
by  the  Paymaster  General's  Department ;  therefore, 

lie  it  resolved,  That  the  Treasurer  of  the  State  ■with- 
hold the  payment  of  'the  said  claim  of  forty-six  dollars  and 
ninety-three  cents  to  said  Davidson.  [^Katifud  the  IQth 
day  of  April,  1802.] 


I 


[No.  ;i.J     RESOLUTIONS   CONCERNING 

BURKE. 


HE  COUNTY  OF 


7(hwviic.nor         1.  Resolved,  That  the  seventh  section  of  an  act  passed 

tin-  K«-T»nut!  .  <.i/-i  1       A  ^  ^  r 

Art  not  u.        at  the  second  extra  session  oi    the  General  Assembly  ol 
18G0-'C1,  entitled  "An  Act  concerning  Revenue,"   shall 
not  apply   to  the  county  of  Burke,  but  that  the  Court  of 
rieas  and  Quarter  Sessions  of  said  county,  next  ensuing^ 
shall  be  allowed  to  carry  into  effect  the  provisions  of  said 
section. 
iTiviin-oof  uie      2.  Be  it  further  resolved,  That  the  Clerk  of  the  County 
counij  Curt.    Court  of  Said  county,  shall  be  allowed  until  the  25th  day 
of  August,  18G2,  to  deliver  to  the  Sheriff  of  said  county 
a  fair  and  accurate  copy  of  the  tax  lists,  as  roijuirod  by 
the  20th  section  of  said  Revenue  Act. 
.luj'tirm.  3.  Be  it  further  resolved,    That  twelve  Justices  of  the 

Peace  in  and  for  said  county  of  Burke,  shall  form  a  tjuo- 
rum  and  have  full  power  to  assess  and  levy  taxes,  and 
transact  all  other  county  business,  provided  a  majority  of 
said  Justices  cannot  be  assembled. 

4.  Be  it  further  resolved.  That  the  first  and  second  of 
these  resolutions  shall  expire  and  be  ina})plicable  after  the 
year  18G2.     [Rafijird  the  1st  day  of  May,  18G2.] 


l^^J'-2.]  State  Convention.  130 

AN  ORDINANCE  FOR  THE  RELIEF  OF  THE  BANKy  [No.  4.] 
OF  THIS  STATE. 

Be  it  ordained  by  the  Delegates  of  the   people  of  North  •^iit>i'>n7.-. 

n         T  '       /I  •  lit  ■,..-,  stockholders  in 

Carolina  in  Convcntio^i  assejnOu'd,  and  it  is  herehy  ordained  ""nksto 

?7  7-^7  mil  chnngp  tlicir 

by  the  autkonty  of  the  same.  That  aurinff  the  continuance  pi«'-<-» "f  moii- 

"^  t^      •'  /  o  ,njr  under 

of  the  present  war,  the  stockholders  of  all  the  Banks  in  T'"'"  '■''^'■""' 

■^  '  stances. 

this  State,  located  at  places  occupied  or  in  danger  of  being 
occupied  by  the  enemy,  whereby  the  holding  of  the  stock- 
holders' annual  meetings  thereat  may  be  impracticable,  or 
(juite  uncertain ;  may,  if  they  deem  it  expedient,  hold 
general  meetings  at  other  times  and  places  than  those 
-specified  in  their  several  charters,  which  meetings  shall  be 
called  in  the  manner  prescribed  in  their  charters  and  by- 
laws, respectively,  and  held  at  places  as  convenient  as  may 
be  practicable  to  their  respective  locations ;  and  the  Presi- 
dent and  Directors  of  any  such  Banks  wlio  are  now  in 
office  may  continue  therein  until  a  meeting  of  its  stock- 
holders shall  be  held  and  their  successor^  shall  be  elected. 
[Ratified  the  2d  day  of  May,  1862.] 


AN  ORDINANCE  TO  PROVIDE  FOR  COLLECTING  [No.  5.] 
THE  TAX  ON  SPIRITUOUS  LIQUORS  MANU- 
FACTURED OR  SOLD  IN  THIS  STATE,  IM- 
POSED BY  AN  ORDINANCE  OF  THIS  CON- 
VENTION, WHICH  AVAS  RATIFED  ON  THE  21st 
DAY  OF  FEBRUARY,  1862. 

1 .  Be  it  ordained  by  the  Deleqates  of  the  people  of  North  To  be  roiieri«i 

^  •  J  »       7  7      •        •        7  7  7       •  7    ■•  •*'''  "^^ 

Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  time  ts  other 
by  the  authority  of  the  same.  That  the  Sheriffs  of  the 
several  counties  in  this  State  be,  and  they  arc  hereby 
authorized  and  directed  to  collect  from  the  distillers  of 
spirituous  litjuors  in  their  respective  counties,  the  tax  of 
thirty  cents  per  gallon  "on  each  gallon  of  spirituous 
liijuors  manuf\ictured  in  this  State,"  and  of  "one  dollar 
on  every  gallon  of  spirituous  liquors  sold  in  this  State  not 


140  State  Convention.  [i^I^'y* 

the  manufacture  of  this  State,"  imposed  by  an  ordinance 

of  this  Convention,  rntificd  February  21st,  18G2,  at  the 

time  they,  the  said  Sheriffs,   collect  the  other  taxes  as 

ti,««o»»       required  by  law.     The  said  Sheriffs  shall  have  power  and 

.  ..minUlct*il  to  ....  ,  1       !•      Ml 

.iMiiimiaod  authonty  to  administer  oaths  to  such  distillers  or  sellers 
as  to  the  quantity  distilled  or  sold  by  them,  in  all  cases 
where  the  same  shall  not  have  been  regularly  listed  at  the 
time  for  listing  taxables,  and  shall  collect  the  tax  on  the 
same,  in  all  cases,  whether  the  said  distillers  or  sellers 
may  have  listed  the  same  at  the  time  they  listed  their  other 
taxables  or  not.  The  Sheriffs  of  the  several  counties  shall, 
on  paying  into  the  Treasury  the  taxes  of  their  respective 
counties,  render  a  separate  account  or  schedule  of  the  tax 
collected  from  this  source,  to  be  set  forth  by  the  Comp- 
troller in  his  annual  official  report. 
I'un'ishniont  f  r  2.  Be  it  furthcr  ordaiiied,  That  any  person  who  sliall 
!^."arh"thc  refuse  or  neglect  to  state,  on  oath,  to  the  Sheriff  as  before 
ijllil^r  mode  or  providcd,  thc  quantity  of  spirituous  liquors  manufactured 
or  sold,  as  the  case  may  be,  and  to  pay  the  tax  on  the 
same,  as  imposed  by  law,  shall  be  guilty  of  a  misdemeanor, 
and  in  addition  to  the  liability  to  pay  double  taxes,  such 
l)erson  shall  be  indicted  in  the  County  or  Superior  Courts, 
and  on  conviction,  shall  be  fined  at  the  discretion  of  thc 
court ;  and  it  is  hereby  made  the  duty  of  the  grand  juries 
to  present  all  such  delinquents,  and  it  is  also  made  the 
duty  of  the  Sheriffs  of  the  several  counties  of  this  State 
to  report  to  the  County  or  State  Solicitor  for  their  counties, 
the  names  of  all  persons  that  may  fail  or  refuse  to  render 
a  statement,  under  oath,  to  thc  Sheriff,  of  the  quantity  of 
spirituous  liquors  manufactured  or  sold  bytliem  ;  and  this 
ordinance  shall  be  given  in  charge  to  the  grand  juries  of 
thc  courts  of  the  several  counties  of  this  State ;  and  any 
Sheriff  of  any  county  in  this  State  who  shall  fail  or  refuse 
to  discharge  the  duty  imposed  on  him  by  this  ordinance, 
shall  be  indictable  as  for  a  misdemeanor,  and,  on  convic- 
tion, fined  at  the  discretion  of  the  court,  [liatijied  the 
2nd  daif  of  May,  18G2.] 


1862.]  State  Convention.  141 

AN  ORDINANCE  CONCERNING    THE  ELECTION  [No.  6.] 
OF  GOVERNOR. 

Whereas,  By  the  construction  whicli,  in  practice,  has  I'nambic. 
been  given  to  the  Constitution  of  the  State,  the  Speaker 
of  the  Senate,  in  case  of  a  vacancy  in  tlie  office  of  Gov- 
ernor, shall  exercise  the  powers  of  Governor  by  virtue  of 
his  office  as  Speaker,  and  without  vacating  the  same,  which 
said  office  of  Speaker  must  cease  and  determine  Avith  that 
of  the  incumbent  as  a  Senator,  upon  the  election  of  his 
successor  in  the  next  succeeding  Senate,  and  the  same 
construction  would  apply  to  the  succession  of  the  Speaker 
of  the  House  of  Commons  to,the  exercise  of  the  powers  of 
Governor ;  and  whciras,  according  to  this  construction, 
a  vacancy  will  take  place  in  the  office  of  Governor  from 
and^after^the  day  of  the  next  election  on  the  first  Thurs- 
day in  August  next,  until  the  first  day  of  January,  A.  D., 
1863,  against  which  it  is  the  duty  of  this  Convention  to 
provide ;  therefore, 

1.  Be  it  ordained  hy  the  Delegates  of  the  peojde  of  North  Governor  oioot 
Carolina  in  Convention  assembled,  and  it  is  hereby  ordained  »■■''<•*  '>'■"  "est 
by  the  authority  of  the  same,  That  the  person  who  shall  aayinscpum- 
be  elected  Governor  of  this  State  at  the  next  regular  elec- 
tion on  the  first  Thursday  in  August  next,  as  now  provided 

for  by  law,  shall  also  fill  the  office  and  discharge  the  duties 
of  Governor  of  this  State  from  the  second  Monday  of 
September  until  his  successor  shall  be  qualified. 

2.  Be  it  further  ordained,  That  the  proper  returning  Dutic?  of 
officers  of  every  county,  shall,  as  soon  as  the  result  of  the  offlwrT*^ 
election  is  known  in  his  county,  transmit  to  the  Secretary 

of  State  a  statement  of  the  votes  taken  in  his  county  for 
Governor,  which  statement  shall  be  made  up  from  the  poll 
books  of  his  county,  as  is  now  prescribed  by  law. 

3.  Be  it  furtlier  ordained,  That  the  Secretary  of  State,  vote  to  ho 
the  Treasurer  and  Comptroller,  shall,  on  the  fourth  Thurs-  4iii  Tbur^iay 
day  in  August  next,  in  the  presence  of  the  Governor,  pro-  '°   "^"* ' 
cced  to  examine  said  returns,  and  ascertain  and  declare 

what  person  shall  have  received   the  greatest  number  of 


142 


State  Convention. 


[May,^ 


fJt.T'Tnor  fleet 
t/i  |.-ik<>lh«M'Hth 
iif  offlip  nn  the 
.M  MoiKlay  in 
Scftcuiljcr. 


r.f.T  rUrk  to 
•-••nliiiii''  in 
ofilci-  (ill  liiH 
■iuco'.Hr'or  i.< 
•(ualitiuU. 


votes,  whereupon  the  Governor  sliall  issue  his  prodamation, 
(leclarin;i;  such  person  duly  elected  Governor  of  this  State 
(Vom  the  second  Monday  of  September,  A.  D.,  1862,  until 
his  successor  shall  be  qualified. 

4.  Be  it  further  ordained,  That  ihe  person  so  declared 
and  proclaimed  Governor  as  aforesaid,  shall,  on  the  second 
Monday  of  September,  A.  D.,  1802,  appear  before  some 
Judge  of  the  Supreme  Court,  or  some  one  of  the  Judges 
of  the  Superior  Courts  of  Law,  and  take  and  subscribe  the 
oath  now  prescribed  by  law  for  qualification  of  Governoi 
of  this  State,  and  shall  immediately  enter  upon  the  di 
charge  of  the  duties  of  his  office,  Avhich  oath,  so  taken  and 
subscribed,  shall  be  filed  in  the  ,  office  of  Secretary  of 
State. 

5.  Be  it  further  ordained,  That  His  Excellency,  Ilenr- 
T.  Clark,  shall  continue  to  hold  the  office  and  dischar^ 
the  duties  of  Governor  of  this  State  from  the  first  Thurs- 
day in  August  until  the  second  Monday  in  September  next, 
or  until  his  successors  shall  be  (qualified,  as  fully  and  to  all 
intents  and  purposes,  as  he  has  heretofore  done,  and  shall 
leceivc  the  usual  salary,  in  proportion  to  his  extended  term 
of  service.     \_Ratified  the  %id  day  of  3Iay^  1862.] 


[No. 


7  ]  RESOLUTION  TO  PROVIDE  FOR  THE  PROMPT 
COLLECTION  OF  THE  TAX  IMPOSED  ON  THE 
MANUFACTURE  AND  SALE  OF  ARDENT 
SPIRITS. 


rnmptrr.llpr  tc. 
Iiarx  I'rintJ'd 
.KK)  rni.i.s  III 

MrilinniKf.  nnd 
to  fnrwNril  U> 


Resolved,  That  the  Comptroller  l)e  authorized  and  di- 
rpcted  to  have  immediately  printed  three  hundred  copies 
of  tliQ  ordinance  passed  this  day,  entitled  "An  Ordinance 
l'»  provide  for  the  collecting  of  the  tax  on  spirituous  liquors 
manufactured  or  s(dd  in  this  State,  imposed  by  an  ordinance 
of  the  Convention,  ratified  on  the  twenty-first  day  of  Feb- 
ruary, 1862,"  and  forward  a  copy  to  the  Sheriff,  County 
Court  Clerk,  the  Chairman  of  the  County  Court  and  the 
County  Solicitor,  for  each  and  every  county  in  the  State. 
lUatified  the  2nd  day  of  May,  1862.] 


1862.]        State  Convention.  143 

AN  ORDINANCE  TO  PAY  THE  REV.  MORRIS  H.  [No.  8.] 
VAUGHAN  FOR  CERTAIN  SERVICES. 

Be  it  ordained  hy  tlie  Delegates  of  the  people  of  North,  Pays$ioo. 
Carolina,  in  Oonvention  assembled,  and  it  is  lierehy  ordained 
hy  the  authority  of  the  same,  That  the  Public  Treasurer 
pay  the  Rev.  Morris  II.  Vaughan  one  hundred  dollars  for 
services  as  Chaplain  at  Roanoke  Station  from  the  2.5th  of 
June  to  the  25th  of  August,  1861,  and  that  the  same  be 
allowed  the  Treasurer  in  the  settlement  of  his  accounts. 
lliatified  the  5th  day  of  May,  1862.] 


AN  ORDINANCE   AMENDATORY   OF   AN    ORDI-  [No.  9.J 
NANCE  TO  RAISE  NORTH  CAROLINA'S  QUOTA 
OF    CONFEDERATE     TROOPS,    PASSED     AND 
RATIFIED  THE    19th   OF    FEBRUARY,   A.   D., 

1862. 

1.  Be.  it  ordained  by  the  Delegates  of  the  people  of  North  tiip  iK.uutv  to 
Carolina,  in  Convention  assembled,  and  it  is  Jtereby  ordained 
by  the  authority  of  the  same.  That  under  the  7th  section  of 
"An  Ordinance  to  raise  North  Carolina's  quota  of  Con-' 
federate  Troops,"  the  bounty  to  privates,  musicians  and 
non-commissioned  officers  shall  be  paid  as  follows :  To  all 
volunteers  between  eighteen  and  thirty-five  years  of  age, 
for  three  years  or  the  war,  including  those  accepted  directly 
by  the  Confederate  Government,  where  North  Carolina  is 
or  may  be  credited  for  the  same ;  to  all  volunteers  between 
eighteen  and  thirty-five  years  of  age  for  a  less  term,  re-en- 
listing or  continuing  in  service  for  three  years  or  the  war, 
including  their  former  term,  by  virtue  of  the  Conscription 
Act  of  Congress ;  and  to  all  persons,  substitutes  excepted, 
mustered  into  companies  already  organized,  or  organized 
into  companies  preparatory  to  active  service  by  virtue  of 
said  Act  of  Congress :  Provided,  however.  That  the  officers 
of  all  volunteers  directly  to  the  Confederate  Government, 
claiming  the  said  bounty,  shall  make  such  returns  as  the 
Governor  m.ay  require. 


144  State  Convention.  [Mfiy> 

vhr-n  due  and       2.  Be  U  furthc)'  ordained.  That  the  bounty  to  those 
now  in  service  shall  be  due  presently  and  be  paid  accord- 
ing to  seniority  of  regiment. 
■  oTcrnorU)  3.  Be  it  further  ordauicd^  That  the  Governor  be,  and 

iintcerR  ovr  30  he  is  hcrebv  directed  to  discharge  all  volunteers  over  thir- 
f  rr«>d.  ty-iive  years  of  ago  not  yet  transferred  to  the  Contederate 

Government,  that  may  desire  a  discharge. 

4.  Be  it  further  ordained^  That  all  volunteers  for  three 
years  or  the  war  that  have  volunteered  or  may  volunteer 
before  the  seventeenth  6f  this  month,  and  shall  continue  in 
service  for  the  war,  shall  be  entitled  to  the  bounty  of  fifty 
dollars  as  heretofore  paid,  nlthougli  they  may  be  over 
thirty-five  years  of  age.  \_llatifii:d  the  Gth  day  of  Ma//, 
18G2.] 


[No.  10.]  AN  ORDINANCE  EXEMPTING  THE  PROrERTY 
OF  DELINQUENT  SOLDIERS  FROM  DOUBLE 
TAXES.  - 

iTcMiiMc.  AViiEREAS,  At  the  time  prescribed  by  law  for  listing 

taxable  property  in  this  State,  many  of  its  citizens  were 
in  the  military  service  of  their  State  and  of  the  Confede- 
rate States,  and  in  consequence  thereof  failed  to  give  in 
their  lists  of  taxable  property  ;  therefore, 
.^hcriiTi  in-  Be  it  ordained  by  the  Belei/ates  of  the  people  of  North 

oi^y  ih.-  «i'ni-'i.;    Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained 


\ 


tax. 


by  the  authority  of  the  same,  That  the  Slicriffs  of  the 
respective  counties  in  this  State  arc  hereby  instructed  to 
collect  no  more  taxes  from  such  delinquents  than  they  would 
have  been  liable  for  had  they  rontlered  in  tlieir  lists  of 
taxables  according  to  law.  \_liatifu'd  the  1th  day  of  May, 
18G2.] 


1862.]  State  Convention.  145 

AN  ORDINANCE   TO   AUTHORIZE   THE  PUBLIC  [No.  11.] 
TREASURER   TO    PAY   REV.    F.   V.    HOSKINS 
FOR  SERVICES  AS   CHAPLAIN   OF  THE  SEV- 
ENTH REGIMENT  OF  NORTH  CARQLINA  VOL- 
UNTEERS. 

Be  it  ordained  by  the  Delegates  of  the  jjeople  of  North  r^ys  $ioo- 
Carolina,  in  Conventioti  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  the  Treasurer  pay  the 
Rev.  F.  \.  Hoskins  the  sum  of  one  hundred  dollars  for  his 
services  as  Chaplain  to  the  Seventh  Regiment  of  North 
Carolina  Volunteers,  from  the  twenty- ninth  of  August, 
1861,  to  the  twenty-ninth  of  October,  1861,  while  prisoners 
of  war,  and  that  he  be  allowed  the  same  in  the  settlement 
of  his  public  account.     \_Eafifed  the  1th  day  of  May,  1862.] 


AN  ORDINANCE  IN  REGARD  TO  THE  BOARD  [No.  12.] 
OF  CLAIMS. 

Be  it  ordained  by  the  Delegates  of  the  people  of  North  To  report  to 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  wy 
by  the  authority  of  the  same,  That  after  the  adjournment 
of  this  Convention,  the  Board  of  Claims,  during  their 
continuance  in  office,  may  report  the  result  of  their  action 
on  such  claims  as  they  allow  to  the  General  Assembly ; 
and  the  General  Assembly  is  hereby  authorized  to  pass, 
finally,  upon  such  claims,  and  make  provision  for  their 
immediate  payment.     [^Ratified  the  1th  day  of  May,  1862.] 


RESOLUTION  IN  FAVOR  OF  ALAMANCE  COUNTY.  [No.  13.] 

Resolved,  That  the  Public  Treasurer  pay  to  the  County  raypjaseai. 
of  Alamance  the  sum  of  five  hundred  and  thirty-six  dol- 
lars and  thirty-one  cents,  allowed  by  the  Board  of  Claims, 
as  reported  by  the  said  Board  this  day,  by  way  of  making 
up  the  proper  sum,  which  ought  to  have  l)ccn  allowed  in 
the  report  in  February  last.  [Ratified  the  7th  day  of 
May,  1862.] 
lU 


14«^  State  ConveN'tion\  [May, 

[No.  14.]  AN  ORDINANCE  TO  AMEND  AN  ORDINANCE,  EN- 
TITLED ''  AN  ORDINANCE  TO  SECURE  TO  CER- 
TAIN OFFICERS  AND  SOLDIERS  THE  RIGHT 
TO  VOTE.' 

K-tumins:  1.  Be  it  Ordained  by  the  Ikbiindii  vj  (he  people  of  North 

jod«)^  u.         (Jarolina,  in  {Jonvention  assemlded,  and  it  is  herebu  ordained 

iwelre  the  vote  7         •  /.      7  mi  i 

offloijicrs  by  the  authonti/ of  the  same,  That  the  proper  returning 
officers  of  every  county  in  this  State  shall  include  in  their 
returns  the  votes  of  officers  and  soldiers  given  in  any 
election  in  which  they  may  be  entitled  to  'vote  by  law,  if 
received  within  twenty  days  after  they  are  cast,  and  the 
said  returning  officers  shall  not  make  up  their  returns  and 
declare  the  result  of  said  elections  until  the  expiration  of 
twenty  days  as  aforesaid. 

To  tranotnit  the  2.  Br.  it  further  ordahied,  That  the  proper  returning 
ruorwiUiins  officcr  of  cvcry  couuty  sliall,  witliiu  eight  days  after  the 
period  fixed  for  comparing  the  returns,  transmit  to  the  seat 
of  government  and  deliver  to  the  proper  officcr  a  statement 
of  vot^s  given  in  his  county  for  Governor,  which  statement 
shall  be  made  in  the  manner  and  form  now  required  by 
law. 

3.  Be  it  further  ordained.  That  the  Govcihior  be  di- 
rected to  make  known,  by  proclamation,  the  provisions  of 
the  ordinance  securing  to  officers  and  soldiers  the  right  to 
votf..     IRatified  the  Sth  day  of  May.  1862.] 


1 


[No.  ir,.]  AN  ORDINANCE  TO  AUTHORIZE  THE  PAYMENT 
OF  CERTAIN  CLAIMS  ALLOWED  AND  RE- 
PORTED BY  THE  BOARD  OF  CLAIMS. 

•Jf'""^ «»'  />'  il  ordained  bii  the  .Delei/alia  of   the  ueonli'   of  North 

Disburoemenu  (Jarolina  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  the  Treasurer  be,  and  he 
is  herol)y  authorized  to  pay  the  following  claims  out  of  any 
monies  in  the  Treasury  not  otherwise  appropriated,  and 
shiili  III'  allowed  the  same  in  the  settlement  of  his  account : 


1862.]  State  Convention.  147 

To  Bladen  county,  six  thousand  eight  hundred  and  sixty  Boaj'i  "f 
doUars  and  twenty-three  cents  ;  Disbursements. 

To  Mecklenburg  county,  six  thousand  one  hundred  and 
seventy-seven  dollars  and  three  cents; 

To  Davidson  county,  four  thousand  one  hundred  and 
eighty-nine  dollars  and  thirty  cents  ; 

To  B.  F.  Biddlo,  one  hundred  dollars; 

To  Ellis  k  Mitchell,  sixty  dollars  and  forty-two  cents ; 

To  Samuel  li.  Bunting,  seven  dollars  and  twelve  cents ; 

To  J.  F.  Post,  L.  11.  Bowen,  W.  T.  J.  Vann,  G.  L. 
Dudley,  J.  L.  Wooster,  Thad.  II.  Nichols,  Thos.  E.  Law- 
rence, D.  E.  Bunting,  Tiios.  J.  Southerland,  Sara'l  Shcpard, 
W.  P.  Elliott,  Tlionias  C.  Moore,  D.  K.  F.  Everitt,  H.  A: 
Martindale,  S.  A.  Story,  J.  A.  Wright,  James  W.  Lippitt, 
John  W.  Zimmerman,  and  11.'  J.  Howard  thirty-seven  dol- 
lars and  fifty-two  and  two-third  cents  each; 

To  Pitt  county,  seven  thousand  three  hundred  and  sixty- 
one  dollars  and  sixty-seven  cents; 

To  Gates  county,  five  thousand  six  hundred  and  twenty- 
one  dollars  and  fifty-four  cents; 

To  Rutherford  county,  four  thousand  three  hundred  and 
seventy-one  dollars  and  eighty-two  cents  ; 

To  Ashe  county,  one  thousand  one  hundred  and  eighty- 
one  dollars  and  eighty  cents  ; 

To  Hyde  county,  one  thousand  nine  hundred  and  sev- 
enty-six dollars  and  fifty-nine  cents  ; 

To  Wilson  county,  three  thousand  six  hundred  and 
eighty-nine  dollars  ; 

To  Caldwell  county,  one  thousand  tAvo  hundred  and  one 
dollars  and  forty-two  cents  ; 

To  J.  II.  Neflf,  one  hundred  and  sixty  dollars  and  thirty- 
eight  cents ; 

To  Rockingham  county,  three  thousand  eight  hundred 
and  fifty-one  dollars  and  ninety-six  cents ; 

To  W.  U.  (fc  K.  S.  Tucker,  one  hundred  and  fifty-seven 
dollars  and  fifty-two  cents ; 

To  James  Cassiday,  eighty-eight  dollars  and  fifty  cents ; 

To  Capt.  J.  W.  Francis,  one  thousand  one  hundred  and 
sixty-two  dollars  and  ninety-five  cents  ; 


148  State  Convention.  [M«''y, 

Bow^  »f  To  J.  R.  Love,  twcnty-foui-  dollars ; 

Clkbn*—  •>  J 

Dtabardcmcnu.       q^q  B.  D.  Morrill,  scven  dollars ; 

To  J.  S.  Williams,  seventy-eight  dollars  and  sixty-six 
cents ; 

To  J.  P.  Flannagan,  (Iredell,)  twelve  dollars ; 

To  Columbus  county,  six  thousand  six  hundred  and 
thirty-three  dollars  and  fifty-one  cents; 

To  Anson  county,  seven  thousand  seven  hundred  and 
twenty-one  dollars  and  eighty-two  cents ; 

To  Franklin  G.  Pitt,  two  hundred  and  thirty-five  dollars 
and  seventy  cents ; 

To  Charles  Green,  fifty-seven  dollars ; 

To  Stanly  county,  six  hundred  and  twenty-five  dollars 
and  twenty-nine  cents ; 

To  B.  M.  Walker,  one  hundred  and  forty-five  dollars ; 

To  J.  M.  Israel,  two  hundred  and  twenty-three  dollars 
and  one  cent ; 

To  W.  II.  Cunningham,  one  hundred  and  nine  dollars 
and  eighty-five  cents ; 

To  James  Wilson,  two  hundred  and  eighty-two  dollars 
and  forty-four  cents ; 

To  John  J.  Long,  Trustee  for  Virginia  A.  Johnson,  sev- 
enty-five dollars ; 

To  J.  W.  Bennett  &  J.  W.  McDanicl,  Administrators  of 
W.  T.  Bennett,  deceased,  eighteen  dollars  and  twenty 
cents; 

To  Dr.  E.  S.  Carter,  forty-three  dollars  and  twenty-four 
cents ; 

To  Bertie  county,  six  hundred  and  fifty-four  dollars  and 
twenty-two  cents ; 

To  Daughtry,  Cox  &  Co.,  fourteen  dollars  and  twenty- 
eight  cents ; 

To  Freer  &  Elliott,  fourteen  dollars  and  fifty  cents ; 

To  W.  R.  Blanchard,  eleven  dollars  and  thirty-eight 
cents ; 

To  Barrow  &  Co.,  thirteen  dollars  and  ninety-three  cents; 

To  J.  II.  Dalton,  twenty  dollars ; 

To  Dr.  L.  R.  Sanders,  three  hundred  and  ninety  dollars ; 


1862.]        State  Convention.  149 

To  John  Cohoon,  fifty.-nine  dollars  and  nincty-tAVO  cents ;  Ronni  or 

To  James  Cassiday,  Assignee,  four  hundred  and  twenty-  Di"bur^monts. 
five  dollars ; 

To  A.  S*.  Crowson,  twenty-seven  dollars  and  twenty-five 
cents ; 

To  E.  Stanly,  four  dollars  and  fifty-one  cents ; 

To  Jas.  B.  Gordon,  sixteen  dollars  and  fifty-seven  cents; 

To  H.  Iloer,  two  dollars  and  twenty-five  cents ; 

To  John  K.  Currie,  thirty-four  dollars ; 

To  Dr.  John  W.  Davis,  one  hundred  and  sixty-three 
dollars  and  twenty-five  cents  ; 

To  D.  Pender  &  Co.,  one  hundred  and  one  dollars  and 
forty-seven  cents; 

To  McNair,  Bro.  &  Co.,  one  hundred  and  thirty-seven 
dollars  and  fifty  cents  ; 

To  B.  11.  Merriman,  three  hundred  dollars  and  ninety- 
nine  cents ; 

To  W.  F.  &  T.  J.  Strayhorn,  twenty-nine  dollars  and 
eighty-two  cents; 

To  Dr.  Joseph  Commander,  seventy-eight  dollars ; 

To  Samuel  C.  Bryson,  seven  hundred  and  forty-five  dol- 
lars and  twenty-three  cents ; 

To  Worth  &  Daniel,  thirty-seven  dollars  and  sixty-four 
cents  ; 

To  R.  T.  Clark,  sixty  dollars ;  and 

To  Montgomery  county,  two  thousand  nine  hundred  and 
seventy-six  dollars  and  eighty-nine  cents.  [Matified  the 
Sth  dmj  of  May,  18G2.] 


AN  ORDINANCE   TO   AUTHORIZE   THE   STOCK-  [No.  16.] 
HOLDERS  OF  THE  MINERS'  AND  PLANTERS' 
BANK,     OF    MURPHY,     TO     ESTABLISH    AN 
AGENCY   OR  BRANCH   EAST   OF   THE  BLUE 
RIDGE. 

1.  Be  it  ordained  hy  the  Delegates  of  the  people  of  North  Tobewtab- 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  "t^ckhnidow 

may  dc^i^ate. 

hy  the  authority  of  the  same,  That  the  8tockholdei;s  of  the 


150  State  Convention.  [May, 

Miners'  and  Planters'  Bank,  at  Murphy,  shall  have  the 
right  to  establish  an  Agency  or  Branch  east  of  the  Blue 
Ridge  at  such  place  as  said  stockholders  in  general  meet- 
ing may  agree  upon. 

2.  Be  it  further  ordained,  That  hereafter  all  the  sub- 
iju.i.iii-         ^criptions  to  the  capital  stock  of  said  bank  shall  be  paid 

in  full  within  twelve  months  from  the  date  of  subscription. 

3.  Be  it  further  ordained,  That  this  ordinance  shall  be 
in  force  from  and  after  its  passage.  [Ratijied  the  9th  day 
of  May,  18G2.] 


[No.  17.]  AN  ORDINANCE  TO  PROVIDE  FOR  THE  COL- 
LECTION OF  TAXES,  AND  FOR  OTHER  PUR- 
POSES. 

A  .n«,r.rit.v  .1         1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
i .  ;,.«*'^ '      Carqlina,  in  Convention  anBemhled,  and  it  is  hereby  ordained 
ii'i"vu"bc  hif  the.  authority  of  the  same.  That  in  all  cases  retiuiring  a 
,  :iiv\.iiiif  majority  of  the  Justices  of  the  Peace  to  <lischarge  an}' 
duty  pertaining  to  their  offices  as  members  of  the  several 
Courts  of  Pleas  and    Quarter  Sessions   of  this  State,  a 
majority  of  those  at  the  time  remaining  in  the  county, 
shall  be  deemed  and  held  to  be  a  majority  within  the  pur- 
view of  the  ordinance  of  this  Convention  or  of  the  acts  ol 
the  General  Assembly. 

2.  Be  it  further  ordained,  That  in  those  counties  which 
have  failed  to  make  provision  for  the  collection  of  revenue 
according  to  tlie  seventh  section  of  an  act  passed  at  the 
second  extra  section  of  the  General  Assembly  of  18GO-'(3], 
entitled  ''An  Act  concerning  Revenue,"  it  shall  be  the 
duty  of  the  Courts  of  Pleas  and  Quarter  Sessions,  at  their 
next  session,  to  proceed  to  execute  said  section. 
("u.rki.Hii<.wcd  3.  Be  it  further  ordained.  That  the  Clerks  of  said  coun- 
in  rrturn  u'x     tlcs  shall    bc  allowcd  until   the  twenty-fifth   of   August, 

li"U  to  SlicrlllH       .    ,  111  1      •  1    !•  1       i-(i        •«Y. 

eighteen  Imndred  and  sixty-two,  to  deliver  to  the  bheriffs 
of  said  counties,  copies  of  the  tax  lists  so  required  by  the 
twentieth  section  of  said  Revenue  Act. 


1862.]  State  Convention.  151 

4.  Be  it  further  ordained.  That  this  ordinance  shall  be 
in  force  for  thirty  days  only  after  the  rise  of  the  next 
General  Assembly.     {^Ratified  the  Qth  daij  of  Majf,  18G2.] 


AN  ORDINANCE  IN  ADDITION  TO  AND  AMEND-  [No.  18.] 
MENT  OF   AN    ORDINANCE,    ENTITLED    ^'AN 
ORDINANCE  IN  REGARD  TO  THE  SUPPLY  OF 
SALT." 

Section  1.  Be  it  ordained  by  the  Delegates  of  the   peo-  Powers  confor- 
pie  of  North  Carolina  in  Convention  assembled,  and  it  is  suit  commis- 

J  ,       sioiipr  in  regard 

hereby  ordained  by  the  authority  of  the  same,    That  said  j"  i-urcuasp  or 

•-'  ■J  •■  '  la  ml  for  salt 

Commissioner  may  agree  with  the  owners  of  any  land  upon  *'"'■''"•  *''• 
which  he  has  or  may  hereafter  erect  salt  works,  for  the 
purchase  or  lease  of  oaid  land,  and  also  for  the  purchase  of 
the  right  of  way  to  and  from  said  works,  and  also  of  any 
canals  which  may  be  necessary  for  the  purpose  of  obtaining 
wood  to  supply  the  State  Salt  Works ;  and  in  case  of  dis- 
agreement with  the  owner  of  such  land,  or  if  the  owners 
be  feme  coverts,  non  compos,  under  age  or  out  of  the  State, 
said  Commissioner,  upon  giving  five  days  notice  to  the  owner 
of  said  land,  if  he  be  a  citizen  of  the  State,  may  apply  to 
any  Justice  of  the  Peace  for  the  county  in  wliicli  the  land 
is  situated,  who  shall  thereupon  issue  \\\i  warrant  to  the 
Sheriff,  or  any  other  lawful  officer  of  said  county,  to  sum- 
mon twelve  freeholders  to  meet  on  the  land  to  be  valued  on 
a  day  to  be  expressed  in  such  warrant,  which  shall  be  within 
ten  days  from  issuing  thereof,  ;ind  the  Slieriff  or  other  offi- 
cer, upon  the  receipt  of  any  sucli  warrant,  shall  summon 
such  freeholders  accordingly,  and  when  met,  provided  as 
many  as  seven  be  present,  he  shall  administer  an  oath  tD 
them  that  they  will  impartially  estimate  the  value  of  such  land 
as  may  be  rcfjuircd  by  said  Commissioner  for  the  use  of 
said  works,  and  their  proceedings  shall  be  reduced  to  writ- 
ing under  their  hands  and  seals,  and  returned  by  the  officer 
to  the  next  Superior  Court  of  law  for  the  county  in  which 
the  land  is  located  ;    but  if  either  the  Commissioner  or  the 


152 


State  Convention. 


[May, 


AwtlKirity^to 
hon"  fi>r  S«lt 
nnil  I'-ilnblish 
salt  M'orkii. 


Froe  neproos 
Ui  bffiiiiiliiyod 

UJK)I1  tlic   Kilt 

works. 


Ppr*on8inakiD|; 
mil  expuipt 
from  military 
duty. 


owner  of  the  land  shall  be  dissatisfied  with  the  assessment  of 
the  freeholders,  either  party  may  appeal  to  the  same  term 
of  the  court  to  which  the  return  is  directed  to  be  made,  and 
have  his  appeal  entered  at  that  term  ;  but  such  appeal  shall 
in  no  way  hinder  or  delay  the  operations  of  the  Salt  Com- 
missioner, and  whenever  such  value  shall  be  ascertained, 
it  shall  be  paid  by  the  Commissioner,  out  of  the  sum  here- 
tofore placed  at  his  disposal,  and  the  title  to  said  lands 
shall  vest  in  the  State  during  the  continuance  of  the  pres- 
ent war. 

Sec.  2.  Be  it  fm-ther  ordained,  That  said  Commissioner 
is  authorized  to  bore  for  salt  and  establish  salt  works 
wherever  in  the  State  he  may  deem  it  advisable  or  expedi- 
ent ;  and  if,  upon  examination  and  experiment,  he  shall  be 
satisfied  that  salt  or  salt  water  is  found  in  sufiicient  quan- 
tities to  make  salt,  he  may  contract  with  the  owner  of  the 
land,  for  the  renting,  leasing  or  purchasing  of  said  land  or 
salt  mines,  and  in  case  of  disagreement,  the  toll,  rent  or 
value  of  said  land  or  mines  shall  be  ascertained  as  pre- 
scribed in  the  first  section  of  this  ordinance,  and  upon  pay. 
ment  of  such  assessed  rent  or  value,  the  title  to  said  land 
or  mines  shall  vest  in  the  State  during  the  war. 

Sec.  3.  Be  it  further  ordained,  That  said  Commissioner 
is  authorized  to  employ  the  free  negroes  of  the  State  upon 
the  salt  works,  and  to  give  them  the  rations  and  pay  of 
soldiers ;  and  in  the  event  he  shall  not  be  able  to  obtain 
such  a  number  as  may  be  needed  for  said  works,  the  Go\  - 
ernor  is  hereby  required  to  impress  into  the  service  of  the 
State  as  many  able  bodied  free  negro  men  as  may  l)e 
necessary  for  that  purpose. 

Sec.  4.  Be  it  further  ordained^  Tlrat  all  persons  who 
are  or  may  be  employed  in  making  salt,  under  contract 
with  the  salt  commissioner,  shall  be  exempt  from  military 
duty  and  militia  service  wliilo  so  employed. 

Sec.  5.  Be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  its  passage,  and  shall  be  subject  to 
alteration,  juodification  or  repeal  by  the  General  Assembly. 
[Ilatified  the  dth  day  of  May,  1862.] 


1862.]  State  Convention.  Lv 

AN  ORDINANCE  PROVIDING  FOR  AN  INCREASE  [No.  19.] 
OF    THE    SALARIES     OF    THE    TREASURE!?, 
COMPTROLLER  AND   SECRETARY   OF   STATE 
FOR  THE  YEAR  1862. 

Section  1.   Ba  it  ordained  by  the  Delegates  of  the  peo-  Treasurer  fo 

7         /»   TIT        7     /^  7  •  •        y-y         "^  '  hnvo  $'2,50(1. 

pie  of  JSorth  tarolina  in  (Jonvcntion  assembled,  and  it  is  comptroller 

II  7-777  7.  /.-.  rr.  $1,500.  HUd 

hei'eby  ordained  by  the  authority  of  the  same.  That  for  the  t'ecreuryor 

.    ,  17        1-1.  State  $1  .(XII). 

year  eighteen  Imndred  and  sixt3'-two,  tlie  Treasurer  of  this 
State  shall  receive  as  his  salary',  twenty-five  Imndred  dol- 
lars, the  Comptroller  shall  receive  fifteen  hundred  dollars, 
and  the  SocrolMvy  of  Stnto  ^shnll  rocoivo  one  tlionsand  dol- 
lars. 

Sec.   2.  Bf  il   Jartkcr    ordained,    That   tliis  ordinance  Ordinance 

expires  Uii\ 

shall  expife  and  cease  to  be  in  force  and  operation  on  tlie  •"'■  '""'^ 
thirty-first  day  of  December,  one  thousand  eight  hundred 
aiid  sixty-tAvo.     IRatified  the  9th  day  of  May,  1862.] 


AN  ORDINANCE    TO    ENLARGE     THE    POLICE  [No.  20.] 
POWERS     OF    THE     SEVERAL     CORPORATE 
TOWNS  IN  THIS  STATE. 

Section  1.  JJ<  it  oidaincd  by  the  Behgatea  of  the  peo-  Autii(.ri/,e> 
pie  of  North  Carolina,  in  Convention  assembled,  and  it  is  thm^ueM.""' 
hereby  ordained  by  the  authority  of  the  same,     That  the  reftnTiu  or    > 
corporate  authorities  of  the  several  cities  and  towns  of  this  of  8pirituOTir  ' 
State,  shall  have  power  to  regulate,  restrain  or  prohibit 
within  their  corporate  limits,  or  within  one  mile  thereof, 
the  sale  of  spirituous  li(iuors  :  Provided,  nevertheless,  That 
where  any  tax  shall  have  been  paid  for  an  annual  license, 
it  .shall  be  the  duty  of  the  Commissioners  to  make  a  ^>ro 
rata  compensation  for  such  time  as  such  license  shall  be 
suspended. 

Sec.  2.  Be  it  further  ordained,    That  for  the  violation  cc.mmi.rioneri. 
of  any  by-law,  or  rule  made  by  said  Commissioners  in  pur-  r<'uaitic»  for 

•^       ^      ,  .  ,.  ,        *^  ..  ,    .  TloUtinp  their 

suance  of  this  ordinance,  they  may  prescribe  penalties  not  iswiionthe 

f'XCeefliu'^    OlIO     hl'Min-iil     ilnllilv-       fm-     rvu-l*     iiflTcticc.     <r>    be 

20 


154  State  Coxventiok.  [May, 

recovered  before  the  Mayor,  Intendant^  or  Magistrate  of 
Police,  without  any  stay  of  process,  mesne  or  final,  and 
when  judgment  shall  be  given  for  any  such  penalty,  the 
party  convicted  may,  unless  the  penalty  and  costs  be  paid, 
be  immediately  committed  to  jail  for  the  space  of  thirty 
da^'s,  or  until  payment  thereof  shall  be  made,  or  else  the 
Mayor,  Intcndant,  or  Magistrate  of  Police  may  issue  exe- 
cution therefor:  Provided,  That  any  party  dissatisfied 
with  such  judgment  shall  be  allowed  an  appeal  to  the  next 
Court  of  Pleas  and  Quarter  Sessions  for  tlie  county,  upon 
entering  into  recognizance  with  sufficient  security  for  his 
appearance  to  said  court,  and  also  for  the  penalty  ami 
costs. 

Sec.  3.  Be  it  further  ordained,  That  this  or<iinance  may 
be  altered,  modified  or  repealed  by  the  General  Assembly. 
[Ratified  the  Of//  da.i/  of  May.  18(V2.] 


[No.  21.]  AN  ORDINANCE  TO  INCUKPURATE  THE  SAPONA 

IRON  COMPANY. 

poworp  i.t  Section  1.  Be  it  ordained  hy  the  Delegates  of  the  people 

ompa  >.  of  North  Carolina,  in  Convention  asftrmhlrd,  and  it  is  hereby 
ordained  by  the  authority  of  the  mnie.  That  John  C.  Wash- 
ington, James  E.  Hoyt,  George  Washington  and  William 
Mnrdock,  their  associates,  successors  and  assigns,  be,  and 
they  arc  hereby  created  and  constituted  a  body  politic  and 
corporate,  by  the  iiamc  and  style  of  "  The  Sapona  Iron 
Company,"  and  as  such,  shall  have  perpetual  succession, 
and  may  have  and  use  a  common  seal,  and  change  the  same 
Ml  pleasure ;  may  sue  and  be  sued,  plead  and  be  iraj)leaded 
in  any  Court  of  Law  and  Equit}' ;  sliall  have  power  to 
make  all  such  by-laws  and  regulations  (not  inconsistent  with 
the  existing  laws  and  Constitution  of  this  State,)  as  may 
be  deemed  necessary  for  the  govennnent  of  said  company, 
which  shall  be  binding  thereon,  and  shall  have,  exercise 
and  enjoy  all  the  rights  and  privileges  of  a  body  corporate 
necessary  or  re(juisite  to  carry  oti  the  business  of  exploring 


1862.]  State  Convention.  155 

and  mining  uoals,  iron  ores,  and  other  niinerais,  and  smelt- 
ing, manufacturing,  transporting  and  vending  the  same; 
and  shall  also  have  power  to  purchase,  lease,  hold,  convey 
and  dispose  of  any  estate,  real  and  personal :  Prwided, 
That  said  corporation  shall,  at  no  one  time,  hold  more  than 
twenty  thousand  acres  of  land.  Said  company  sliall  have, 
also,  the  right,  power  and  authority,  to  huild  and  construct 
roads  and  ways,  whether  ti-am,  plank  or  turnpike,  and  to 
charge  the  same  as  to  them  may  seem  advisable,  for  the 
transportation  to,  from,  or  between  their  mines  and  furnaces 
of  iron,  coal,  coke,  ores,  minerals  and  materials,  and  also  to 
construct  such  canal  or  canals  and  drains  as  may  be  required 
or  needful  for  the  supply  of  water  to  their  furnaces,  the 
transportations  of  coal,  ores,  and  materials  as  aforesaid, 
and  the  drainage  of  their  mines :  and  that  any  or  all  of 
such  roads,  canals  and  drains  shall  be  opened  to  the  use  of 
the  public  upon  the  payment  of  such  reasonable  tolls  and 
compensation,  and  subject  to  such  rules  and  regulations  as 
said  corporation  may,  by  their  b3^-laws,  establish. 
"^  »3ec.  2.  Be  it  futi/ier  ordained,  That  when  any  lands  or  Authority  t>. 

,  ,         «  1  •        1     1  •  1  n  «"i7,o  and  con- 

nghts  01  way  may  be  requn-ed  by  said  company  for  con-  demn  iHndn  or 
structing  said  road,  canals  or  drains,  and  for  the  want  of 
agreement  as  to  the  value  thereof  or  for  any  other  cause,  the 
same  cannot  be  purchased  of  the  owi\er  or  owners,  the  same 
may  be  taken  and  the  value  thereof  ascertained,  as  follows, 
viz :  On  application  by  the  company  to  any  Justice  of  the 
Peace,  for  the  county  where  said  land  or  right  of  way  may 
^be  situate,  it  shall  be  his  duty  to  issue  his  warrant  to  the 
Sheriff  of  said  county  to  summon  a  jury  of  at  least  five 
freeholders,  to  meet  on  the  land,  on  a  day  expressed  in 
such  warrant,  not  less  than  five  nor  more  than  twenty  days 
thereafter,  and  the  Sheriff,  on  the  receipt  of  said  warrant, 
shall  summon  the  jury,  and  when  met,  shall  administer  an 
oath  or  affirmation  to  them,  if  three  or  more  appear,  that 
they  will  impartially  value  the  land  in  (j(uestion,  or  right  of 
way.  The  proceedings  of  such  jurors  accompanied  by  a 
description  of  the  land  or  right  of  way,  shall  be  returned 
under  tlieir  haiids  and  seals,  or  a  majority  of  them,  by  the 


15t> 


State  Convention. 


[May, 


CHiiiUil  htix'k 
nol  to  I'xoeed" 

$1.000,fXK.I. 


AITniriof  ibo 
CumpkDy  to  U* 
niBuaKt>(l  by  « 
lUiuj'l  of  W 
rcftorf.  Ac 


Sln.-riiJ  10  me  Clerk  of  tlie  Oomuy  LOun,  tiK-rc  lu  leiiiaiu 
as  a  matter  of  record,  and  on  the  payment  of  said  valua- 
tion, the  lands  or  right  of  way  so  valued  shall  vest  in  said 
company  so  U)ng  as  the  same  shall  be  used  for  the  purpose 
of  said  road,  canal  or  drain:  Provuh'd,  That  the  location 
of  said  road,  canal  or  drain,  shall  not  interfere  with  any 
grave-yard,  or  with  any  hou.se,  houselot  or  garden,  without 
the  consent  of  the  owners  thereof:  Provuh'd,  fart  her,  That 
no  more  land  shall  be  condemned  for  the  purposes  aforesaid, 
than  twenty  feet  in  width  on  either  side  from  the  centre  of 
said  road,  canal  or  drain:  And,  provided  f« filter,  That  if 
any  person  or  persons  over  whose  land  said  roads,  canals 
or  drains  may  pass,  or  said  company  shall  be  dissatisfied 
with  the  valuation  of  said  jurors,  either  party  may  have  an 
appeal  to  the  Superior  Court  of  the  county  in  which  tlic  land 
lies  ;  but  such  appeal  shall  not  delay  or  interru])!  tlie  use 
or  enjoyment  of  said  right  of  way  by  said  company. 

Sec.  3,  Be  it  further  ordained,  That  the  capital  stock 
of  said  company  may  be  divided  into  such  number  of  shares 
and  of  such  amount  for  each  share  as  the  stockluolders 
thereof, may,  in  general  meeting,  direct:  Provided,  That 
the  capital  stock  of  said  company  shall  not  exceed  one 
million  of  dollars ;  that  said  shares  sliall  be  personal  pro- 
perty, and  certificates  thereof  may  be  issued  and  the  same 
may  be  made  transferable  and  assignable,  and  liable  to 
assessment,  forfeiture  and  sale  by  the  Board  of  Directors 
in  such  manner  as  the  })y-laws  of  sai<l  corporation  may 
ju'escribe. 

Sec.  4.  Be  it  farther  ordained;  That  the  affairs  of  said 
company  shall  be  managed  by  a  Board  of  Directors,  all  of 
whom  shall  be  stockholders  of  said  company,  and  citizens 
of  the  Confederate  States.  Said  Board  of  Directors  shall 
be  composed  of  such  number  and  shall  be  elected  by  the 
stockholders  in  such  manner  as  the  by-hnvs  shall  direct, 
and  who  shall  choose  one  of  their  number  to  be  President  of 
the  Board,  and  of  the  Company  :  three  of  said  Board  shall 
constitute  a  quorum  to  transact  business,  of  whom  the 
President  or  one  appointed  by  him  to  fill  his  place,  shall 


1862.]  State  Convention.  157 

always  be  one ;  they  shall  have  power  to  fill  vacancies 
which  may  happen  in  their  body,  and  until  the  first  election 
of  directors  by  the  stockholders  the  said  John  C.  Wash- 
ington, James  E.  Hoyt,  George  Wasliington  ^nd  "William 
Murdock  shall  constitute  the  Board  of  Directors  of  said 
company,  with  full  power  and  authority  to  exercise  all  the 
corporate  powers  thereof. 

Sec,  5.  Be  it  furthr  ordained.  That  general  meetings  Geueraimwt- 
of  the  stockholders  may  be  called  and  held  as  the  by-laws  holde'r*!^'' 
may  prescribe  ;  that  to  constitute  a  meeting  there  must  be 
present,  in  person  or  by  proxy,  (the  proxy  being  a  stock- 
holder) a  number  holding  a  majority  of  the  stock,  each 
share  of  which  shall  entitle  the  holder  to  one  vote,  and  every 
act  shall  reijuire  the  sanction  of  a  majority  of  the  votes 
present. 

Sec.  6.  Be  it  further  urdained,  That  tliis  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage,  and 
shall  continue  in  force  for  the  period  of  ninety-nine  years. 
[Ratified  the  Wi  day  of  May,  1862.] 


RESOLUTION   PROVIDING   FOR  THE  PRINTING  [N...  22.] 
OF  THE  JOURNALS  OF  THE  CONVENTION. 

Resolved,  That  when  this  Convention  shall  be  dissolved,  suo  lopiea  to  bo 
that  the  Principal  Secretary  have  printed  five  hundred  ^  °'**'' 
copies  of  its  Journal ;  two  copies  to  be  furnished  to  ev^ry 
former  and  present  member  of  the  Convention  ;  two  to  each 
of  the  Secretaries  of  the  Convention  ;  two  to  the  Library 
of  the  University  ;  one  to  each  County  and  Superior  Court 
Clerk's  office  in  the  State;  and  one-half  of  the  residue  to 
be  deposited  in  the  office  of  the  Secretary  of  State ;  and 
the  other  half  in  the  public  Library  of  the  State  ;  and  that 
the  Secretary  be  allowed  the  sum  of  one  hundred  dollars 
for  transcribing  the  Journal.     ["  Hat  Hied  the  9th  dau  of  3fnif. 


15«  State  Convention.  [Ma\ 

[No.  23.]   AxN   ORDINANCE   IN   ilELATION   TO   ELECTOKiS 

OF  THE  SENATE. 

Carolina.,  in  Convention  asscmbleJy  and  it  is  hcrehy  ordain< 
hy  the  authority  of  the  samey  That  every  free  white  man. 
of  the  age  of  twenty-oue  years,  being  a  native  or  natural- 
ized citizen  of  the  Confodcrate  State.'*,  who  has  been  an 
inhabitant  of  the  State  for  twelve  months,  and  of  the  di.-- 
trict  in  which  he  propo.ses  to  vote  six  months  next  before 
the  day  of  any  election,  and  shall  have  paid  public  taxes, 
shall  be  entitled  to  vote  for  a  member  of  the  Senate  for 
the  district  in  whiob  he  resides.  \1\ati.fied  the  10th  day  <■' 
Mail.  1.S62.] 


[No.  24.J  A.\  ORDINANCE  iFOR  THE  RELIEF  OF  SUCH 
PERSONS  AS  MAY  SUFFER  FROM  THE  DE'- 
STRUCTION  OF  THE  RECORDS  OF  HERTFORD 
COUNTY,  OCCASIONED  BY  THE  BURNING  OF 
THE  COURT  HOUSE  y\ND  CLERK'S  (»FFrCES 
OF  SAID  COUNTY. 

rriJimbir  Whehlas,    iu  the  luoiith  of  March  last,  the  Court  Houac 

nf  Hertford  county  was  burned  by  the  public  enemy,  and 
with  the  Court  House  was  destroyed  the  Clerk's  offices  of 
<aid  county,  whereby  the  former  records  of  wills,  deeds, 
and  other  instruments  of  writing  were  destroyed,  and  the 
title  of  the  citizens  of  said  county  to  their  property,  if  not 
cTitirely  lost,  are  in  a  loose  and  confused  condition  ;  and 
ivherca«,  the  county  of  Hertford  met  with  a  like  misfor- 
tune in  March,  1830,  by  having  its  Court  House  and  records 
burnt  by  some  evil  disposed  person ;  an<l,  whereas,  the  evil 
was  then  remedied,  as  far  as  practicable,  by  the  passing  an 
act  by  the  General  Assembly  at  its  session  of  18o0-'31, 
entitled  ''an  act  for  the  relief  of  such  persons  as  may 
suffer  from  the  destruction  of  the  records  of  Hertforfl 
county  occasioned  by  the  burning  of  the  Court  House  and 


1862.]        State  Convention.  259 

Clerk's  offices  of  said  county,'  chapter  LXVIII,  and  the 
further  passage  of  another  act  of  the  General  JV-saembly, 
at  its  session  of  1831-'32,  entitled  "  an  act  in  addition  to 
an  act  passed  at  the  last  session  of  the  General  Assembly 
of  this  State,  in  relation  to  the  burning  of  tlH  records  of 
ilie  county  of  Hertford,*'  chapter  XCVI;  and,  whereaa, 
the  like  calamity  has  happened  to  the  county  of  Hertford 
again  by  the  burning  of  the  Court  House  nnd  the  public 
records  of  the  county  by  the  public  enemy :  therefore, 

Be  it  ordained  by  the  Delegates  of  the  people  of  North  Previous  acts  or 
Carolina,  in  Convention  assembled^  and  it. is  hereby  ordained  w^tTapptri" 
by  the  authority  of  the  same,  That  the  same  and  identical      '  ""  ''"'^' 
provisions  of  the  before  recited  acta  of  the  General  Assem- 
bly of  the  session  of  1830-'31,  chapter  LXVIII :  and  of 
the  session  of  1831'-32,  chapter  XCVI  be,  and  the  same 
are  hereby  revived  and  re-enacted,  and  made  applicable  to 
the  present  wants,  necessities  and  condition  of  the  county 
of  Hertford,  to  all  intents  and  purposes,  and  with  the  same 
force  and  effect  as  if  the  two  before  recited  acts  of.  the 
General  Assembly  were  herein  specially  set  forth  with  all 
and  every  of  their  parts  nnd  provisions.     [^Ratififd  the  \Oth 
day  of  May,  1862.] 


RESOLUTION  IN  FAVOR    OF  ROBERT  TOWLES.  [-Xn.-  2.5.] 

Resolved,  That  Robert^  Towles  be  allowed  twenty  dollars  p,,.,  ^..^n 
for  his  attendance  on  this  Convention  during  the  present 
session  of  this  Convention,  and   that  the  Public  Treasurer 
bo  directed  to  pay  tln^  •^anic      \^1iafiiifid  iJir  10th  day  of 
May,  1S62.'] 


AN  ORDINANCE  TO  LEGALIZE  THE  LAYING  OF  r^^   26.] 
TAXES  IN  UNION   COUNTY. 

Be  it  ordained  by  thf  Delegates  of  the  people  of  North  acuob  of  joh- 
( 'arolina  in  Convention  assembled,  and  it  ?j»  hereby  ardmned  ,p?„V'  "^ 
by  the  authority  of  the  namr^    Thnt  the  act  of  the  .TiiHtioe- 


100  State  Convention.  [Hay, 


jii 


l)ly  n-i". 


of  the  Peace  of  Union  county,  laying  a  tax  for  the  yes 
eighteen  hundred  and  sixty-two,  though  done  hy  less  than 
a  majority,  he,  and  the  same  is  herehy  dechired  to  he  legal. 
[Ratified  the  10th  dai/  of  May,  18G2.] 

[No.  27.]  AN  ORDINANCE  TO  ENABLE  THE  WESTERN 
RAILROAD  COMPANY  To  COMPLETE  THEIR 
ROAD. 

I  -'t-  Section  1.  Be  it  ordained  bj  the  JJelei/atc.s  of  the  pe<' 
■  "•-  pie  of  North  Carolina,  in  Convention  assembled,  and  it  <> 
herehy  ordained  by  the  authority  of  the  same,  That  tliat 
part  of  section  fifth  of  an  aet  of  the  Legislature  of  North 
Carolina,  ratified  February  16th,  eighteen  hundred  and 
sixty-one,  entitled  "  an  act  to  enable  the  Western  Railroad 
Company  to  extend  their  road  from  the  Coalfields  to  the 
North  Carolina  Railroad,"  Avliich  requires  the  President  of 
said  road  to  certify  to  the  (Governor  that  the  Company  has 
purchased  the  iron  rails,  chairs  and  spikes,  and  will,  forth- 
with, proceed  to  lay  down  and  complete  each  section  of  ten 
miles  l)efore  said  company  is  entitled  to  receive  the  sum  of 
one  hundred  thousand  dollars,  be,  and  the  same  is  hereby 
repealed. 
Extenaioii.t  Sec.  2.  Bc  it  further  ordained,  Thai  the  lein  created 

by  the  said  act,  shall  extend  to  and  cover  both  the  eastern 
and  Avestern  divisions  of  said  road,  and  all  the  other  pro- 
perty of  said  corporation.  [Ratified  the  l^th  day  of  3Ia//, 
18(32.] 


[No.  28.]  AN  ORDINANCE  TO  REPEAL  THE  NINTH  SEC- 
TION OF  THE  CHARTER  OF  THE  CHERAAV 
AND  COALFIELDS  RAILROAD,  AS  AMENDED 
BY  THE  LEGISLATURE  OF  18G0-'61. 

Repcmiitoib  Bc  it  ordaiued  by  the  JJeleyates  of  the  people  of  North 

chCT»w  and       Carolina,  in  Convention  ansembled,  and  it  is  herehy  ordained 

CoulIii'klH  17  7./.,  rni  •  •  i- 

luiinwti  by  the  authority  of  the  same.   That  section  nine  oi  an  act 


1862.]  State  Convention.  IGl 

passed  in  1861  to  revive  and  continue  in  force  an  act  to 
incorporate  the  Chcraw  and  Coalfields  Railroad  Company, 
passed  at  the  session  of  1856-7,  chapter  sixty -six,  be,  and 
the  same  is  hereby  repealed :  Provided,  That  the  said 
Cheraw  and  Coalfields  Railroad  Company  shTll  do  as  much 
work  and  expend  as  much  money  in  the  construction  of 
their  road  north  of  the  Wilmington,  Charlotte  and  Ruther- 
for.d  Railroad  as  they  do  south  at  the  same  time ;  and  said 
road  shall  not  cross,  tap  or  connect  with  the  said  Wilming- 
ton, Charlotte  and  Rutherford  Railroad  further  west  than 
welve  miles  from  the  town  of  Rockingham,  and  shall,  in  * 

five  years  after  the  close  of  the  present  war,  complete  the  ^ 

road  to  the  Coalfields  in  Chatham  county,  or  its  charter 
qhall  thereupon  cease  and  determine.  [Batified  the  10th 
day  of  May,  1862.] 


AN     ORDINANCE     REQUIRING     THE     PUBLIC  [No.  29.] 
TREASURER  TO  REDEEM  MUTILATED  TREAS- 
URY NOTES. 

Be  it  ordained  by  the  Deleqates  of  the  people  of  i^or^A  To  micem  them 
Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained  "»■".''  J''"""" 

.  jiiition 

by  the  authority  of  the  same,  That  it  shall  be  the  duty 
of  the  Public  Treasurer,  on  application  by  the  holders  of 
mutilated  Treasury  notes,  to  redeem  the  same  with  other 
notes  of  like  denominations ;  and  that  he  be  required  to 
keep  a  record  of  all  notes  thus  redeemed,  in  a  separate 
book  for  this  purpose,  and  make  a  report  of  the  same  to 
the  General  Assembly.  \_Ratified  the  12th  day  of  May, 
1862.] 


RESOLUTION  FOR   THE   PUBLICATION  OF  THE  [No.  30.] 
ORDINANCES  OF  THE   PRESENT  SESSION  OF 
THE  CONVENTION. 

Resolved,  That  the  Secretary  of  State  cause  the  Ordi-  to  w  pubn»h«i 

'  •'  _  in  three  Bi'wo- 

iiaiuH'S  and  Resolutions,  pasHcd  and  ratified  at  th<!  prcHcnt  p"i*" 
'  21 


\{V2  State  Convention.  [May. 

session  of  this  Convention,  to  be  published  in  three  news- 
papers printed  in  the  city  of  Raleigh.  \_Ratified  the  l'2th 
day  of  May,  1862.] 


|>i-l.iir—iii(iil- 


[No.  31.]  AN  ORDINANCE  TO  AUTHORIZE  THE  PAYMENT 
OF  CERTAIN  CLAIMS'  ALLOWED  13Y  THE 
BOARD  OF  CLAIMS. 

iioHr.j  of  Be  it  ordained  hy  the   Delet/ates  of  the  j>(iople  of  North 

Carolina,  in  Convention  asaenihled,  and  it  ix  hereby  ordained 
hy  the  authority  of  the  same,  That  tlie  Public  Treasurer 
pay  to  R.  D.  Williams,  of  New  Hanover,  nine  hundred 
tind  sixt3'-eiglit  dollars; 

To  John  N.  Whitford,  of  Craven,  seven  hundred  ;tnd 
thirteen  dollars  and  fifty  cents  : 

To  Dr.  C.  Winslow,  of  Perquinions.  one  hundred  lurt  v- 
seven  dollars  and  fifty  cents  ; 

To  Henderson  coimty,  two  thousand  two  hundred  and 
seventy  dollars  and  seventy-five  cents  ; 

To  Kahmveiler  &.  Bro..  of  J\TeoklenbuvL^  three  liundred 
and  twenty -six  dollars ; 

To  Jacob  LudAvick,  of  Ciiharr;is,  fourteen  d(dl:irs  :ind 
twenty  cents ; 

To  Haywood  county,  six  hundred  and  twenty  dollars; 

To  Iredell  county,  fifty  dollars  ; 

To  Alleghany  county,  one  thousand  thi-ee  lunuh-ed  and 
seventy-eight  dollars ; 

To  D.  C.  Murray,  thirteen  dollais  and  sixty-nine  cents; 
and  that  he  be  allowed  the  same  in  the  settlenient^of  his 
|iid»lic  accounts.      [Ratified  the  Vlth  day  of  May,  18G2.] 


No.  ^2.]  AN  ORDINANCE  TO  REPEAL  AN  ORDINANCE 
PASSED  AT  THE  PRESENT  SESSION  OF  THIS 
CONVENTION,  ENTITLED  -AN  ORDINANCE 
AMENDATORY  OF  AN  ORDINANCE  TO  RAISE 
Noirril  OAHOLiNAS   (,H  OTA   OF   CONFEDEP 


i862,J  State  Convention.  163 

ATE  TROOPS,  PASSED  AND  RATIFIED  THE 
NINETEENTH  DAY  OF  FEBRUARY,  A.  D.,  1862,' 
AND  TO  EXTEND  THE  PROVISIONS  AS  TO 
BOUNTY  TO  CERTAIN  OTHER  PERSONS. 


ordinanci-.  Ac. 


Section  1.  Be  It  urdained  hijjhe  Ueletiatcst  of  t/w  peo-  ai.uui- 
ple  of  North  Carolina,  in  Gunvention  assembled,  and  it  is  ""* 
hereby  ordained  by  the  authority  of  the  same,  That  an  ordi- 
nance, entitled  "An  Ordinance  amendatory  of  an  ordi- 
nance to  raise  Nortli  Carolinn's  (^uota  of  Confederate 
Troops,"  passed  at  tlic  present  session  of  tliis  Convention 
be,  and  the  same  is  hereby  abrogated  and  annulled. 

Sec.  2.  Be  it  further  ordained,  That  a  bounty  of  fifty  DuMiination  ot 
dollars,  deducting  the  bounty  already  paid  and  received,  whom  bouuty 
shall  be  paid  by  the  State  to  all  privates,  musicians  and  v'^id^^'"  " 
non-commissioned  officers,  as  follows:  To  all  volunteers 
between  eighteen  and  thirty-five  years  of  age  for  three 
years  or  the  war,  including  those  accepted  directly  by  the 
Confederate  Government,  where  North  Carolina  is  or  may 
be  credited  for  the  same  :  to  all  volunteers  between  eight- 
een and  thirty-five  years  of  age  foi-  a  less  term,  re-enlist- 
ing or  continuing  in  service  by  virtue  of  the  Conscription 
Act  of  the  Confederate  Congress  for  three  years  or  the 
war,  including  their  former  service ;  to  all  persons,  sub- 
stitutes excepted,  mustered  into  companies  already  organ- 
ized, or  which  may  be  organized  into  companips  prepara- 
tory to  active  service  by  virtue  of  the  provisions  of  the 
said  act  of  Congress  ;  to  all  volunteers  over  thirty-fivi- 
years  of  age  Avho  may  decline  to  be  discharged  under  tlu- 
provisions  of  said  act  of  Congress  and  be  retained  in  the 
public  service  ;  to  all  volunteer^  under  eighteen  years  of 
age  for  three  years  or  the  Avar  who  shall  elect  and  be 
bound  to  remain  in  service ;  to  all  persons  who  have  volun- 
teered since  the  nineteenth  day  of  Februrary,  eighteen 
hundred  and  sixty-two. 

Sec.  o.  Be  it  further  ordained,   That  the  commanding  voiunuir..  to 

Pf,  ,.  •  1      i,     !•  •  i  1        •  the  Conf<Mlpriit' 

oiticers    or    companies,    battahons,   regiments  or   legions,  sutesdim-i. 
volunteering   directly   to   the    Confederate    Government, 


1(;4  State  Convention.  [May, 

claiming  bounty,  sliall  make  out  such  muster  rolls  and 
returns  as  the  Governor  may  require.  [Ratified  the  12th 
day  of  May,  1862.] 


[No.,  33.]  RESOLUTION  IN  FAVOR  OF  THE  DOORKEEPlGRS. 

pmv-  *si  .   Resolved,  That  the  Public  Treasurer  be  directed  to  pay 

to  John  C.  Moore  and  Drewry  Kiug,  Doorkeepers  of  the 
Convention,  the  sum  .of  fifty-one  dollars  for  discharging 
the  duties  of  Wm.  R.  Lovell,  Principal  Doorkeeper,  during 
his  absence  of  seventeen  days,  and  that  the  Treasurer  be 
directed  to  pay  the  further  sum  of  ten  dollars  each  to 
Messrs.  Moore  and  King,  and  also  W.  R.  Lovell,  as  extra 
allowance  for  services  as  Doorkeepers  during  the  present 
scBsion.     [Ratified  the  12th  day  of  May,  1862.] 


[No.  34.]  AN  ORDINANCE  TO  EXEMPT  MEMBERS  OF 
THE  SOCIETY  OF  FRIENDS  FROM  PERFORM- 
INNG  MILITARY  DUTY. 


To  pny  inio  m>        1.  Be  it  ordaiiied  by  the  Delegates  of  the  people  of  North  > 
"?toCKUt  in     Carolina,  in  Convention  assembled,  and  it  is  hereby  ordained 


in  the  mnnn 
fncturc  of  sal 
or  act  as  nurl^t•^■ 


fncturc  of  salt  by  the  authbrifij  of  the  same.  That  members  of  good  stand- 
ing in  the  Society  of  Friends,  commonly  called  Quakers, 
who  shall  produce  a  regular  certificate  of  membership,  shall 
be  exempt  from  performing  militia  duty  and  military  ser- 
vice :  Provided,  That  as  an  e(]uivalent  for  such  exemption 
from  military  service,  when  called  for  by  the  proper 
authorities,  tliey  shall  pay  the  sum  of  one  hundred  dollars, 
to  be  collected  by  the  Sheriffs  of  the  several  counties,  as 
other  State  taxes  are  collected,  to  be  paid  into  the  State 
Ti'easury  for  the  general  purposes  thereof,  and  in  case  they 
be  unable  to  pay  the  same,  the  Governor  shall  have  power 
to  detail  them  to  assist  in  tlic  manufacture  of  salt,  or  to 
attend  in  the  ho.spitals  of  the  State.  [Ratified  the  12th 
day  of  May,  1862.] 


1862.]        State  Convention.  165 

AN    ORDINANCE    CONCERNING    THE    COLLEC-  [No.  3r,.] 
TION  OF  TAXES  .IN  CERTAIN  COUNTIES. 

1.  Be  it  ordained,  iSrc.  That  the  Sheriifs  of  such  coun-  Puti^orsiM-r- 
ties  as  are  or  shall  be  invaded  or  taken  possession  of  by  i"  pofw.-^-'""  «'f 

.  the  enemy. 

the  enemy,  shall  severally,  at  the  time  prescribed  by  law, 
settle  their  accounts  with  the  Comptroller,  so  far  as  they 
shall  have  received  or  collected  the  State  taxes,  and  the 
residue  of  the  taxes  for  which  they  are  chargeable  they 
shall  account  for  and  pay  into  the  Treasury  at  sucli,timc 
as  shall  be  prescribed  by  the  next  General  Assembly. 

2.  Be  it  further  ordained.  That  it  shall  not  be  the  duty  TheTrMPimi 
of  the  Treasurer,  as  is  now  provided  by  law,  to  move  for  fo"  8i"mniary 
summary  judgment  against  such  of  the  aforesaid  Sheriifs 

as  shall  not  have  been  able  to  collect  and  pay  over  the  full 
amount  of  taxes  with  which  they  are  severally  chargeable. 

3.  Be  it  further  ordained,  That  the  penalties  prescribed  Penalties  oi 

IlcTcnuo  Act. 

in  the  act  of  the  General  Assembly,  entitled  "An  Act  nottobe 

enforced. 

entitled  Revenue,"  ratified  the  23d  day  of  September,  A. 
D.,  1861,  for  the  failure  to  list  taxable  property,  shall  not 
apply  to  persons  living  in  such  counties  as  have  been 
invaded  and  taken  possession  of  by  the  enemy.     {^Ratified 

tlw  12/7;  ,%  of  May,  1862. 


AN  ORDINANCE  TO  ALLOW  CERTAIN  PERSONS  [No.  36] 
TO   VOTE   FOR   GOVERNOR   IN   ANY   OTHER 
THAN    THE     COUNTIES    IN    WHICH     THEY 
RESIDE. 

♦ 
Section  1.  Be  it  ordained  ly  the  Delegates  of  the  peo-  cuiKcn»to  rot.. 

vie  of  North  Carolina,  in   Convention  assembled,  and  it  is  nny '*>""'>■  >o 

i  '  '  '  the  Stale. 

hereby  ordained  by  the  authority  of  the  same.  That  any 
citizen  of  this  State  who  shall  be  entitled  to  vote  for  Gov- 
ernor in  the  county  wherein  he  is  domiciled,  shall  be  enti- 
tled to  vote  for  Governor  in  any  county  in  this  State. 

Sec.  2.  Be  it  further  ordained,  That  it  shall  or  may  be  8hcriff«  to  rom- 
lawful  for  the  Sheriffs  of  the  counties  in  this  State,  in  the 


li;«i  State  Convention.  [Way, 

posscsi^ion  of  or  under  the  control  of  the  cneiuy,  to  coui- 
jiare  the  polls  of  their  respective  counties  for  Governor  and 
iiicnihcrs  of  the  Legislature  at  any  place  in  iliis  State  thcv 
may  think  proper, 
nrdin.iiwin  Sec.  3.  Bc  it  fiu'tho'  orduiued.  That  this  ordinance  shall 

f..n.-.lurintJth.-  •  •      r  r  i     i       •  , 

'•■■'■  lie  and  continue  in  lorce  lor  and  during  tiie  present  >var. 

;ind  no  longer,  unless  sooner  repealed  or  modified  by  the 
General  Assembly.     [ Ratified  the  1 2tli  day  of  3Iai/,  1862.] 


[No.  37.]   IIESOLUTION  TO  TIUNT  THE  UKDLNANCES  ANP 
RESOLUTIONS  OF  THE  CONVENTION.  ^ 

.1.HJ ,•..,. uvK  u,  u>  Jiesolvc.d,  That  five  hundred  copies  of  the  Ordinanci- 
and  Resolutions  of  the  Convention  be  printed  and  distribu- 
ted in  the  same  manner  as  the  Journals  thereof.  \^Ratified 
th,'  mil  da}/  of  Mail,  1802.] 


[No.  38.]  AN  ORDINANCE  TO  CHARTER  THE  FLORENCE 
AND    FAYETTEVILLE    RAILROAD   COMPANY. 


Autboiizcu  Section  1.    Be  it  ordained  b//  the  JJeleyates  of  the  peo- 

%\,wi,(m.  pie  of  North  Carolina,  in  Convention  ansembled,  and  it  is 
lu'vebij  ordained  Inj  the  anihoritij  of  the  savw.  That  for  the 
purpose  of  establishing  a  communication  by  railroad,  be- 
tween Fayetteville,  N.  C,  and  Florence,  S.  C,  the  forma- 
tion of  a  corporate  company  with  a  capital  of  one  milli(»n 
five  hundred  thousand  dollars,  to  be  called  the  Fayetteville 
and  Florence  Railroad  Company,  [is  hereby  authorized] 
and  when  formed  in  compliance  with  the  conditions  herein- 
after prescribed,  to  have  a.  eorporate  existence  as  a  body 
politic. 
The  rouu-.  Sec.  2.  Be  it  further  ordained,  Tliat  the  said  company 

be,  and  the  same  is  hereby  authorized  to  construct  a  rail- 
road from  Fayetteville,  N.  C,  to  Florence,  S.  C,  uj)on 
such  route  as  may  be  determined  upon  by  said  eompaily 
after  the  same  shall  have  been  formed.  t 


1862.]  State  Convention.  IGT 

Sec.  3.  Be  it  further  ordained^  That  for  the  purpose  of  Torai.^cthe 
raising  the  capital  stock  of  said  company,  it  shall  be  lawful 
to  open  books  in  the  town  of  Fayetteville,  under  the  direc- 
tion of  the  following  commissioners,  to-wit :  A\igustus  W. 
Steele,  David  A.  Ray,  A.  A.  McKcthan,  William  McL. 
McCoy  and  J.  M.  Rose,  and  at  such  other  })laces,  and  under 
the  direction  of  sucli  other  persons  as  a  majority  of  the 
above  named  commissioners  may  deem  proper,  for  the  pur- 
pose of  receiving  sul)scriptions  to  an  amount  not  exceeding 
one  million  live  hundred  thousand  dnll;irs.  in  ^Iimvps  of  (inc 
hundred  dollars  each. 

Sec.  4.  Be  it  further  ordained,  That  the  commissioners  Ronusioim 

1  iini  1  11  />  1  o)H'iieil  after  20 

above  named,  and  all  others  who  may  be  liereaitcr  author-  days notu-p, ana 
ized  as  aforesaid,  to  open  books  for  siibscription,  shall  open  (■i><\»y>'. 
the  same  at  any  time  after  the  ratification  of  this  ordinance, 
first  giving  twenty  days  notice  thereof  of  the  time  and  place, 
in  one  or  more  of  the  newspapers  in  the  town  of  Fayette- 
ville, and  the  said  books,  when  opened,  shall  be  kept  open 
for  the  space  of  sixty  days,  at  least,  and  the  said  first 
named  commissioners  shall  have  power  to  call  on  and 
require  all  persons  authorized  to  receive  subscriptions  of 
stock,  from  time  to  time,  as  a  majority  of  them  may  see 
proper,  to  make  returns  of  tho  subscriptions  of  stock,  l)y 
them  respectively  received. 

Sec.  5.  Beit  further  ordained.  That  whenever  the  sum  PnviJojrnsofthr 
of  one  hundred  thousand  dollars  shall  be  subscribed  by  $100,00.1  .th 
solvent  men,  in  manner  and  form  aforesaid,  the  subscribers, 
their  execittors,  admiuistors,  or  assigns,  shall  be,  and  are 
hereby  declared  incorporated  into  a  company  by  the  name 
and  style  of  the  Florence  Railroad  Company,  and  by  that 
name  shall  be  capable  in  law  and  equity,  of  purchasing, 
holding,  selling,  leasing,  and  conveying  estates,  both  real 
and  personal,  and  of  ac<iniring  the  same  by  gift  or  devise, 
so  far  as  shall  be  necessary  for  the  purposes  embraced 
within  the  intent  of  their  charter,  and  no  further,  and  may, 
by  their  corporate  Jianie,  sue  and  l»e  sued,  plead  and  be 
impleaded  in  any  court  of  law  and  equity  in  this  State : 
mid   may   have   and    use  a  cfiminon   seal,  which   they  may 


168  State  Convention.  [May. 

iUtcr  and  renew  at  pleasure,  and  shall  have  and  enjoy  all 
other  rights  and  immunities  which  other  corporate  bodies 
may  and  of  right  do  exercise,  and  make  all  such  by-laws, 
rules  and  regulations  as  arc  necessary  for  the  governmeir 
of  the  corporation,  or  effecting  the  object  for  which  it  was 
created,  not  inconsistent  with  the  constitution  and  laws  of 
this  State. 
Kei«ctionof  Sec.  6.  Beit  fuvther  ordained,    Thdt  it  shall  be  tht 

..riiccrf,  Ac.  duty  of  the  commissioners  named  in  this  ordinance,  in  Fay 
etteville,  or  a  majority  of  them,  as  soon  as  the  sum  of  onr 
hundred  thousand  dollars  shall  have  been  subscribed,  in 
the  manner  aforesaid,  to  give  public  notice  thereof,  and  at 
the  same  time  call  a  general  meeting  of  the  stockholders, 
giving  at  least  thirty  dayf  notice  of  the  time  and  place  of 
meeting,  at  which  meeting  a  majority  of  the  stockholders 
being  represented,  in  person  or  by  proxy,  shall  proceed  to 
elect  a  President  and  Treasurer,  and  nine  Directors,  out  of 
the  number  of  stockholders,  and  the  said  Directors  shall 
have  power  to  perform  all  the  duties  necessary  for  the  gov- 
ernment of  the  corporation  and  the  transaction  of  the 
of  the  business.  And  the  persons  so  elected,  as  aforesaid, 
shall  serve  such  period,  not  exceeding  one  year,  as  the 
stockholders  may  direct,  and  at  that  meeting  the  stockholders 
shall  fix  the  day  and  place  or  places,  where  the  subsequent 
election  of  President,  Treasurer,  and  Directors,  shall  bi 
held,  and  such  elections  shall  thenceforth  be  annually 
made ;  but  if  the  day  of  the  annual  election  of  officers 
shall,  under  any  circumstances,  pass  without  an  election, 
the  corporation  shall  not  tliercby  be  dissolved,  but  the  offi 
cers  formerly  elected  shall  continue  in  office  until  a  new 
election  takes  place. 
Mode  of  flection  Sec.  7.  Bo  it  furthcv  crdmncd,  That  the  election  of 
officers  aforesaid  shall  be  by  ballot,  each  stockholder  hav- 
ing as  many  votes  as  he  has  shares  in  tlie  stock  of  the 
company,  and  the  person  having  the  greatest  number  of 
votes  polled,  shall  be  considered  duly  elected  to  the  office 
for  which  he  is  nominated ;  and  at  all  elections,  and  upon 
all  votes  taken,  at  any  meeting  of  the  stockholders  upon 


1862,]        State  Convention.  169 

;uij  by-law,  or  any  of  the  officers  of  the  company,  each 
share  of  stock  shall  be  entitled  to  one  vote,  to  be  repre- 
sented in  person  or  by  proxy,  and  proxies  may  he  verified 
in  such  manner  as  the  by-laws  of  the  company  prescril)e. 

Sec.  8.  Be  it  further  ordained.  That  the  Board  of  Direc-  VB<*mie.:. 
tors  may  fill  any  vacancies  that  may  occur  in  it  during  the 
period  for  which  they  have  been  elected,  and  in  the  absence 
of  the  President,   may  a|)point  a  President,  pro  tempore, 
to  fill  his  place. 

Sec.  9.    Be  H  further  ordained,   Tliat  the  lioard  ul  Direc-  tlc  .-oiipciioD 
tors  may  call  for  the  sums  subscribed  as  stock  in  the  said  **  ""  "cnptiout 
company,  in  such  instalments  as  the  interests  of  said  com- 
pany may,  in   their  opinion,   require.     The  call   for  each 
payment  shall  be  published  in   one  or  more  newspapers  of 
the  State,  for  one  month  before  the  day  of  payment,  and 
on  failure  of  any  stockholder  to  pay  each    instalment  as 
thus  required,  the  directors  may  sell,  at  public  auction,  on 
a  previous  notice  of  ten  days,  for  cash,  all   the  stock  sub- 
scribed for  in  said  company  by  such  stockholders,  and  con- 
vey the  same  to  the  purchaser  at  sale;  and  if  the  said  sale 
of  stock   do   nut   ])roduoe  a  sum  sufficient  to  pay   off"  the 
incidental  expenses   of   the  sale,   and  the   entire  amount 
owing  by  such  stockholder  to  the  company  for  such  sub- 
scriptions of  stock,  then  and  in  that  case,  the  w  hole  of  such 
balance  shall  be  held  as  due  at  once  to  the  company,  and 
"may  be  recovered  of  such  stockholder,  or  his  executors, 
administrators  or  assigns,   at  the  suit  of  said  company, 
cither  by  summary  motion,  in  any  court  of  superior  juris- 
diction in  the  county  where  the  delinquent  resides,  on  pre- 
vious notice  of  ten  days  to  said  subscriber,  or  by  an  action 
of  assumpsit,  in  any   court   of  competent  jurisdiction,   or 
by  warrant  before  any  Justice  of  the  Peace,  when  the  suiu 
does  not  exceed  the  sum  of  one  hundred   dollars:    and  in 
all  cases  of  assignment  of  stock,  before  the  whole  amount 
has   been  paid  to  the  company,  then  for  all   sums  due  on 
such  stock,  both  the  original  subscribcns  and  the  first  and 
all  sub.sequent  assignees,  shall   be  liable  to  the  company, 
and  the  same  be  recovered  as  above  described. 

00 


170 


State  Convention. 


[M: 


!>tocfcbuliJri> 


!>tOlk. 


Author ilT  t" 
rapiUl  sltMrk. 


ronlrarU  «n<l 
aprm^ment.". 


Auihnnty  I" 
jiurohtse  rvnl 
•ntntc. 


HiKbU  <'f  Ibi' 
lompanv. 


Sec.   10.  Be  it  further  ordaiuvd.   That   llic   debt  of  tl.' 
Stockholders  due  to  the  Company  for  stock  therein,  either 
a.s  original  proprietors,  or  as  first  or  subsequent  assignees,    ( 
shall   be  considered  as  of  equal  dignity  with  judgments  in 
the   distribution  of  assets   of  a  decease*!    stockholder    by 
his  legal  representatives. 

Sec.  11.  Be  it  farther  ordamt^d^  Tliai  <;iul  Cuinpaii} 
shall  issue  certificates  of  stock  to  its  members,  and  said 
stock  may  be  transferred  in  such  manner  and  form  as  may 
be  directed  by  the  by-laws  of  the  Company. 

Sec.  12.  Be  it  further  ordidiicd,  That  the  said  Ct»m- 
pany  may,  at  any  time,  increase  its  capital  stock  to  a  sum 
sufficient  to  complete  said  road,  by  opening  books  for  suli- 
scriptiou  of  new  stock,  or  borrowing  money  on  the  credit 
of  the  company,  an_d  on  the  mortgage  of  its  charter  and 
works,  and  the  manner  in  which  the  same  shall  be  done  in 
either  case  shall  be  prescribed  by  the  Stockholders. 

Sec.  13.  Be  it  further  urdaincJ,  That  said  Company 
shall  have  power  of  using  any  section  of  said  road  con- 
structed by  them  before  the  whole  of  the  said  road  is  com- 
pleted, and  may  charge  for  transportation  thereon. 

Sec.  14.  Be  it  further  ordained^  That  all  contracts  or 
agreements,  authenticated  by  the  President  and  Secretary 
of  said  road,  shall  be  binding  on  the  Company,  either  with 
or  without  a  seal.  Such  a  mode  of  authentication  shall  be 
used  as  the  Company  by  their  by-laws  may  adopt. 

Sec.  15.  Be  it  further  ordained,  That  the  said  Com- 
pany may  purchase  and  have,  and  hohl  in  fee.  or  for  a  term 
of  years,  any  lands,  tenements,  or  hereditaments,  which 
may  be  necessary  for  the  said  road,  or  for  the  erection  of 
•lepositories,  houses  for  the  officers  and  agents  of  the  Com- 
pany, or  for  workshops,  or  foundries  for  the  Company,  or 
for  any  other  purposes  for  the  furtherance  of  said  road. 

Sec.  16.  Be  it  further  onlained,  That  the  Company 
shall  have  the  right,  when  necessary,  to  construct  the  said 
Railroad  across  any  public  road,  or  abuig  the  side  of  any 
public  road:  Provided,  That  the  said  Company  shall  not 
obstruct  any  public  road,  without    first   constructing   one 


1802. J        Statk  Convention.  171 

equally  as  good  nnd   convenient   ns   the  one  taken  by  said 
Company. 

Sec.  17.  Bf  it  furtJier  ordained,  That  when  any  land  Authmiv  lo 
or  right  of  way  be  i-cquii-ed  by  said  Company,  for  the  pur-  p;";yT4uirod 
pose  of  constructing  their  road,  building  warehouses,  water  ^^^ lltZZ^^n'^ 
stations,  workshops  or  depositories,  and  for  want  of  agree-  vhu™.""* 
ment  as  to  the  value  thereof,  the  same  cannot  be  purchased 
from  the  owner  or  owners,  the  same  may  be  taken  at  a 
valuation,  to  be  m-.ide  by  a  jury  of  good  and  lawful  men. 
to  be  summoned  by  the  Sheriff  of  the  county  in  which  the 
land  may  lie,  and  in  making  the  said  valuation,  the  said 
jury  shall  take  into  consideration  the  loss  or  damage  which 
may  accrue  to  the  owner  or  owners  in  consequence  of  the 
hind*or  right  of  way  being  surrendered,  and  also  any  spe- 
cial benefit  or  advantage,  he,  she,  or  tlioy  may  receive  from 
the  erection  of  the  said  road,  and  shall  state  the  value  and 
amount  of  each,  and  the  excess  of  loss  or  damage  over  and 
above  the  advantages,  shall  form  the  measure  of  valuation 
of  said  land  or  right  of  way:  Provided,  nevertheless,  That 
if  any  person  over  whose  land  the  said  road  may  pass,  or 
the  Company  should  be  dissatisfied  with  the  vahiation  thus 
made,  then,  and  in  that  case,  either  party  may  have  an 
appeal  to  the  Court  of  the  county,  to  be  held  thereafter, 
and  the  Sheriff  return  to  said  Court  the  verdict  of  the 
jury,  with  their  proceedings  thereon,  and  the  lamls  or  rights 
of  way  so  valued  by  the  jury,  shall  vest  in  the  Company 
so  long  as  the  same  shall  be  used  for  the  purposes  of  said 
Hailroad,  so  soon  as  the  valuation  may  be  paid,  or  if 
refused,  paid  over  to  the  Clerk  of  the  County  Court  : 
Provided,  That  the  right  of  condemnation  shall  not  au- 
thorize the  said  Company  to  invade  any  dwelling  house, 
yard,  garden,  or  graveyard  of  any  individual  without  his 
consent. 

Sec.  is.  Be  it    further  ordained,   That  the  said  Com-  Tran^p. rtdtiou 
pany  shall  have  the  exclusive  right  of  convc^'ance  or  trans- 
portation, of  persons  or  goods,  merchandise  and  produce 
of  all  kinds  over  said  road,  at  sucli  charges  as  may  be  fix<'<l 
on  by  a  majority  of  the  Directors. 


172  State  Convention.  |M:"y. 

>'rofii»  Skc.   19.  Be  it    further  ordained.    That   the  profits   of 

said  Company,  or  so  much  thereof  as  the  Board  of  Direc- 
tors may  deem  advisable,   shall,   when   the   affairs   of   the 
Company  will  permit,  be  annually  or  semi-annually  divided 
among  the  Stockholders  in  proportion  to  their  stock. 
w  Sko.  20.  Be  it  further  ordaincdy  That  notice  of  process 

'  "  upon  the  President  or  any  of  the  Directors,  shall  be  deemed 

and  taken  as  due  and  lawful  notice  of  service  upon  the 
Company. 

Brsurh  rf.s.i^.  Skc.  21.  Bi'it  further  Ordained.  That  the  said  Com- 
pany sliall  have  power  to  construct  branches  to  said  road 
.and  connect  with  any  other  railroad  that  may  be  constructed, 
and  any  contract  that  may  be  entered  into  with  any  other 
railroad  company,  by  the  President  and  Directors  of'said 
1,'ouipany,  after  the  consent  of  a  majority  of  the  Stock- 
holders, first  obtained,  shall  be  binding  on  said  Company. 

Authority  to  Sec.  22.  Beit  further  ordained.   That  it  may  and  shall 

in  t«n.i-.  be  lawful  for  the  Fayetteville  and  Florence  Railroad  Com- 

pany, to  make  and  issue  bonds  to  the  amount  not  exceed- 
ing one  million  dollars,  to  be  signed  by  the  President  of 
said  Company,  under  the  common  seal  of  the  same,  in  sums 
of  one  hundred  dollars  each,  bearing  interest  at  seven  per 
cent.,  and  redeemable  according  to  the  contract  that  may 
be  made  at  the  time  of  the  sale. 

Sp:c.  28.  Be  it  fnrther  ordained.  That  to  secure  the 
faithful  payment  of  said  b(mds,  it  may  be  lawful  for  the 
President  and  Directors  of  said  Company  to  make  and 
execute  a  mortgage  or  deed  of  trust  under  the  common 
seal  of  said  Company,  wherein  shall  be  conveyed  to  the 
person  thus  appointed  trustee,  the  road,  property  and  fran- 
chises of  said  Company,  conditioned  for  the  payment  of 
the  interest  and  final  r<Mleniption  of  said  bonds. 

To  I* commpuo-       Siic.   24.   Be  it  further  ordained^     That    all    the    work 

■•(I  witbin  four      ,  ,  •         i        i      ii    i  .      i        •    i       i  i    i-  i 

v.ars.  hereny  re(|Uired,  sliali  he  cxccMitecl  with  liuc  diligence,  and 

if  it  be  not  commenced  within  four  years  after  the  ratifica- 
tion of  this  ordinance,  then  this  cliartrT  to  be  void, 
r..r|ioniiioii>  Skc.   25.    Fie  it  fnrther  ordained.    That  it  shall   be  law- 

Hiiihorizeu  to  lul  lor  all  solvcnt  corporatious  to  take  stock  m  the  said 
road,  which  stock,  when  taken,  shall  be  represented  by  the 


id  liOti  I" 


1862.]  State  Convention.  17 

Presidents  of  said  corporations,  and  in  tho  case  of  a  county, 
by  the  chairman  of  the  County  Court. 

Sec.  26.  Be  it  further  ordained.  That  this  ordinaiu^.o 
be  in  force  from  and  after  its  ratification,  and  shall  ho 
regarded  a.s  a  public  act,  and  shall  he  continued  in  force 
until  the  year  nineteen  hundred  :  Provided,  That  nothing 
herein  contafned  shall  he  so  construed  at  to  aiithorize  an 
appropriation  to  said  road  by  the  State,  or  allow  said  cor- 
poration bankino;  privileges.  \_R<tfiJj('<I  tJi<'  12lh  dm/  of 
Mai,,  1862.] 


AN  ORDINANCE  TO    MAKE    FURTHER   PHOVIS-  [No.  39.] 
ION  FOR  TlfE  PUBLIC  TREASURY. 


1.  Be  if  ordained  by  tlie  Deleqaten  of  the  people  of  jS'vrfh  T"  i-hiip 

_ "'  •'  .  I       J  .'  $2,000,0(10  iu 

('arolina,  in  Conventio)i  aasi'mh/ed,  and  it  in  hereby  ordained  Tre««iin  m.tpp. 
hy  the  authority  of  the  same,  Tiiat  tlie  Public  Treasurer  is 
authorized  to  issue  two  millions  more  of  Treasury  notes,  in 
sums  of  five  dollars,  ten  dollars,  and  twenty  d(dlars,  each, 
in  the  following  amounts,  viz  :  eight  hundred  thousand 
in  five  dollars,  seven  hundred  thousand  in.  ten  dollars,  and 
five  hundred  thousand  in  twenty  dollars,  in  accordance 
with  the  provisions  of  the  ordinance  passed  February  26th.' 
1862,  should  it,  in  the  opinion  of  the  Governor  and  Treas- 
urer, become  necessary  to  do  so,  and  that  said  notes  shall 
be  fundable,  as  provided  for  in  said  finlinancc. 

2.  Be  if    further   ordained,    That    in   the   event   of  the  in  ra^rofinii- 
"^Preasurer  beincr  unable,  from  anv  cause  to  issue  saul  notes,  tii.- imouot. 
ihat  he  be  allowed  to  borrow  anv  portiou  of  said  two  uiillious  Hnthf.nnd  to 

'  borrow 

from  the  banks  or  other  sources. 

3.  Be  it   further  ordained.  That   the    Public    Treasurer  jio.ooo  in  ctp 
be  authorized  to  issue  ten   thousand  dollars  iu  denomina-  Ten'-ntMou 
tions  of  five  cents,  and  ten  thousand  dollars  in  ten  cents,  in  "*" 
addition  to   the  amount  ht-retoforp  is^sued   by   him    of  said 
denominations. 

4.  Be  if  further  ordained.  That  he  have  authority  to 
employ  some  discreet  person,  if  necessary,  to  bo  approved 
of  by  the  Governor,  and  whose  appointment  shall   he  pub- 


'74  State  Convention.  [May. 

lished  in  tlirec  newspapers  of  this  city,  to  sij^n  oonpon  anil 
State  bonds  for  the  I'ublic  Treasurer. 
puni/.iim*nt  for  ;",,  j^^.  ji  furthtii'  otdainrd.  That  if  anv  one  shall  falsely 
f<tr^e,  or  knowingly  pass,  or  oft'er  to  pass  any  false,  forged, 
or  counterfeit  papi-r  purporting  to  be  a  Treasury  note  or 
bond,  or  coupon  of  any  such  bond,  issued  under  this  ordi- 
nance of  this  State,  he  shall  be  liable  to  indictment  in  the 
Superior  Courts  in  the  county  in  which  such  oft'ence  may 
)»e  committed,  and  on  conviction  thend'or,  shall  suflfo-  all 
the  pains  and  penalties  according  to  the  '>9th  secti(»n  ol 
ihe  34th  chapter  of  the  Revised  Code.  [Hafijii'd  (Ik-  I'ltli 
day  of  Jfxt/,  1>^<>"2.] 


[No.  10. J  AN  ORDINANCE  DECLAIUNC  WHAT  ORDI- 
NANCES OF  THIS  CONVENTION  Sll.VLL  ILW'K 
PERMANENT  OPERATION. 


I'lrliiniiPtil 


SECTION  1.  Be  it  ordained  hy  the  Deh'i/ates  of  the  peo- 
ple of  North  Carolina  in  Conventio?\  assembled,  and  it  /x 
hereby  ordained  by  the  authority  of  the  same,  That  follow- 
ing Ordinances  passed  by  this  Convention  shall  be  of  per- 
manent operation,  and  l>e  irrepealablc  by  the  (leneral 
Assembly,  namely  : 

I.  An  ordinance  to  dissolve  the  union  between  the  State 
(»f  North  Carolina  and  the  other  States  united  with  her 
under  the  compact  of  Government,  entitled  '"The  Consti- 
tution of  the  United  States." 

II.  '^  Aw  Ordinance  defining  treason  against  the  State.' 

III.  "An  Ordinance  to  ratify  the  Constitution  of  the 
Provisional  Government  ni'  the  Confederate  States  of 
America." 

IV.  "An  Ordinance  to  ratify  the  Constitution  of  the 
Confederate  States  of  America." 

V.  "  An  Ordinance  to  amend  the  fourth  section  of  the 
fourth  article  of  the  Amendments  to  the  Constitution." 

VI.  "An  Ordinance  in  relation  to  Taxation." 

VH.  "An  Ordinance  to  secure  to  certain  officers  and 
soldiers  the  right  to  vote." 


1862.]        State  Convention.  175 

VIII.  "All  Oi'liuaiice  in  relation  U)  takin;^  [>>  ihv  yvm^ 
and  nays  in  the  General  Assembly." 

IX.  "An  Ordinance  to  amend  the  second  section  of  the 
fourth  article  of  the  Amendments  to  the  Constitution." 

X.  "•  An  Ordinance  in  relation  to  electors  of  the  Senate." 

XI.  ''An  Ordinance  concerning  the  election  of  Gov- 
ernor." 

XII.  "  An  Ordinance  to  allow  certain  persons  to  vote 
for  Governor  in  any  other  county  than  that  in  which  they 
reside." 

Sec.  2.  Be  it  further  ordtiinaL  That  all  other  ordinances  oihn  oph 
and  resolutions  passed  by  this  Convention  at  any  of  its '"IT"*',. •"■ 
sessions,  shall  have  the  force  and  effect  only  of  acts  of  the  '»"•"•";•• 
ordinary  Legislature,  and  maybe  repealed  or  modified  at  the 
pleasure  of  the   General   Assembly,   in   the   same  manner 
and  to  the  same  extent  that   public   statutes  are  liable  to 
repeal  or  modification,     \liat\fied  the  \Zth  daij  of  Maij, 
1862.] 


ion  by 
n«TBl 


ESTATE    OF    NORTH    CAROLINA,  I  . 
Office  of  ISecrktary  of  Stati:.      / 
I.  Rtifus  H.    Pjigc,    Secretary   of  State   in   and   for   the   State   of 
North  Carolina,  do  hereby  certify  that  the  foregoing  are  true  copies 
of  the  originjils  on  file  in  this  office. 

Given  under  my  hand  this  21bt  dav  of  Mav.  18H2. 

RUFUS    II.    PAGE, 

Secretary  of  State. 


I  N  I)  1  (J  i:  S 


TU  THH 


0RDINAN(!E8  AND  RESOLUTIONS 


OF  THE 


STATE  CONYENTIOX : 


FIRST    AND    ADJOURNED    SESSIOINS,    1861-'62. 


23 


INDEX 

TO    ORDINANCES    AND    RESOLUTIONS. 

FIKST    SESSION. 


ACTS  OF  THE  GENERAL  ASSEMBLY—  m«.t  «n.i  .lun^ 

An  Ordinance  repealing  the  Act  of  the  General  Assembly  '**^' 

convening  the  Letjislaturo  on  the  25th  of  June,  1861,  7 

AMENDMENTS  TO  TdE  CONSTITUTION— 

An  Ordinance  to  amend  the  4th  Section  of  the  4th  Article 

of  the  Amendnienl«  to  the  Constitution,  2'.' 

BOARDS  OF  CLAIMS— 

An  Ordinance  to  provide  for  the  appointment  of  a  Board 
Claims,  o 

An  Ordinance  to  amend  an  ordinance  passed  at  the 
))rcsent  session  of  this  Convention,  entitled  "  An 
()rdinance  to  provide  for  a  Board  of  Claimb,"  J"i 

FINANCIAL— 

An  Ordinance  to  provide  ways  and  meanf<  for  the  defence 

of  the  State.  '  42 

MILITIA— 

An  Ordinance  to  provide  for  thi-  ])ayment  ul  the  n)ilitia 

while  in  active  service,  '  33 

NATIONAL  AFFA1118— 

An  Ordinance  to  dissolve  the  union  between  the  State  ot 
North  Carolina  and  the  other  States  united  with  her 
under  the  compact  of  Government  entitled  the  Consti- 
tution of  the  United  States, 

An  Ordinance  vesting  in  the  Confederate  States  of 
America,  jurisdiction  over  certain  tracts  of  land  in  the 
town  of  Fayetteville,  N.  C,  I 

An  Ordinance  to  ratify  the  Constitution  of  the  Confede- 
rate States  of  America,  s 

Constitution  of  the  Confederate  States  of  America,  'J 

An  Ordinance  to  ratify  the  Provisional  Government  of 
the  Confederate  States  of  America,  30 

An  Ordinance  to  cede  to  the  Confederate  States  the  pro- 
perty in  and  jurisdiction  over  tin*  Forts,  Lit;iit  Houses, 
Beacons,  Marine  Hosr'itals  and  Mint  in  North  Carolina,        30 
NORTH  CAROLINA  TROOPS, 

An  Ordinance  to  provide  for  the  disposition  of  the  State 
Troops  and  Volunteers  raised  under  the  acts  of  the 
General  Assc'mbly,  rr-spectivily,  entitlod  "An  Actio 
raise  ten  thousand  State  Troops,"  ratified  the  8th  day 
of  May,  and  "An  Act  to  provide  for  the  Public  De- 
fence," ratified  the  loth  day  of  May,  1861,  and  for 
oth<T   purposes,  S7 

An  Ordinance  to  secure  to  certain  officers  and  ioldier*. 
the  right  to  vote,  10 


II  ■  INDEX. 

Paox. 

Mhv  nn.l  J.inr.      0UD1NA^'CES— 

'*'•''  An  Ordinance  touching  the  authentication  of  ordinances 

and  other  acts  of  the  Convention,  6 

RESOLUTIONS— 

In  favor  of  L.  W.  Joyncr,  G 

To  authorize  the  Firel  Kegiment  t«>  incribc  "  Bethel  "  on 

their  colors,  6 

Fixing  the  oomjicnsation  of  ofBcors  of  the  Convention, 

and  a)i|>ointiiig  an  auditing  couiniittce,  7 

To  print  Army  lUguhitions,  8 

Calling  upon  Couiplroller  for  staUMiiunt  of  Taxes  for  the 

livo  years  precetiing  January,  IbtiU,  128 

Touching  the  conipensation  of'  the  Printers  to  this  Con- 
vention, ;^o 
To  raise  an  additional  liattalion  of  Cavalry.  30 
To  fill  a  vacancy  in  thu  Convention,  31 
Authorizing  the  raising    of  recruilj-  for  the  First  Kegi- 
ment of  North  Carolina  N'olunteors,  31 
In  relation  to  the  dejiosit  and  publication  of  the  ordi- 
nances ol  the  Convention,  "'2 
1  n  favor  of  the  Doorkeeper.-,  -i'', 
Authorizing  the  President  to   i.-sue  wriL>^  of  election  to 

till  vacancies,  S4 

Asking  information  from  the  (governor.  ;}4 

Exempting  volunteers  from  poll  tax,  H;i 

To  rescind  a  resolution  in  regard  to  adjouniiriciil.  ;!■'» 

Ordering  the  ordinances  to  he  printed  in  pamphlet  form.         -11 
In  favor  of  the  W.,  C.  and  K.  Railroad  Company,  1-' 

SHERIFFS— 

An  Ordinance  providing  for  compensation  to  SherilTs  for 

holding  elections  for  delegates  to  this  Convention.  '2\) 

STATE  FLAG— 

An  Ordinance  in  relation  to  a  State  Flag,  ;>'_' 

TAXATION— 

An  Ordinance  in  relation  to  Taxation,  ;»'_' 

TREASON— 

An  Ordinance  defining  Treason  against  the  Stale,  7 


INDEX 

TO    ORDINANCES    AND    RESOLUTIONS. 

SECOND    SESSION. 


ACTS  OF  GENERAL  ASSEMBLY—  "    NovcmW  nt-d 

An  Ordinance  concerning  the  repeal  of  the  14th  chupter  Pwcnibpr,  1861. 

of  the  acts  of  the  second  extra  session  of  1861,  .'.ri 

BOARD  OF  CLAIMS— 

An  Ordinance  directing  the  payment  of  claims^  awarded 

by  the  Board  of  Claims,  '  oj 

An  Ordinance  for  continuing  the  Board  created  by  an 
ordinance  of  this  Convention,  passed  the  8th  day  of 
June,  18(JL  entithsd  an  ordinance  to  provide  for  th< 
appointment  of  the  Board  of  Claims,  and  for  enlarginu 
the  powers  and  duties  of  said  Board.  7n 

CONSTITUTION  OF  TUE  STATK- 

An  Ordinance  to  provide  for  amending  tho  40th  Miction 
of  the  Constitution  of  this  State  in  regard  to  takiTig 
the  yeas  and  nays  in  either  house  of  the  General  As- 
sembly, .'ifi 

An  Ordinance  to  amend  the  second  section  uf  the  4th 
article  of  the  amendments  to  the  Constitution,  .i<i 

FINANCIAL— 

An  Ordinance  to  provide  for  the  raisng  of  money  fur  tli'- 
support  of  Government,  and  for  the  i,ssue  of  Treasury 
notes  for  the  purpose  of  paying  the  public  debt,  anri 
purchasing  supplies  for  the  military  forces  employed  ' 

for  defence  in  the  present  war,  and  for  other  purposes.         oT 
MILITIA— 

An  Ordinance  to  regulate  militia  muster,  (iH 

NORTH  CAROLINA  TROOPS— 

An  Ordinance  to  transfer  certain  companies  to  Colonel 

Green's  Regiment,  50 

A  Resolution  to  transfer  certain  military  companies  to 
Col.  W.  J.  Green,  5."> 

An  Ordinance  authorizing  the  raising  of  a  battalion  of 
&\x  companies,  or  regiment  of  troops  for  twelve  months,        7  i 
RESOLUTIONS— 

To  transmit  a  copy  of  the  Supreme  Court  Reports  to  the 

Department  of  Justice  of  the  Confederate  States.  40 

Relative  to  the  daily  sittings  of  this  Convention,  4'.« 

In  favor  of  Dr.  William  E.  Pool,  .'id 

Of  confidence  in  our  cause  of  War,  and  in  the  President 
and  Army,  t>I 

Requesting  our  Senators  and  Representatives  in  CongrcBs 

to  vote  for  an  increase  of  the  pay  of  soldiers,  52 

On  taking  a  recess,  65 


If  INDEX. 


Pa. 


NoT^mUr.nd     KKMJLUTIONS- 

Dwrmbcr,  libi  Appointing  Dennis  1).  Fcrcbcc,  Esq.,  Cunmii>biunci  !■ 

Richmond,  .'><• 

Of  thanks  to  the  oflBccrs  and  soldicrn  for  gallant  conduct 

in  defendinjj  Hultcras,  67 

I'ustponing  the  jiulilicalion  of  Colonial  Records,  73 

Authorizine:  the  rre.<idcnt  to  call  this  Convention  together 

if  the  pul»lic  inlLTo.-^t  require  it,  7.1 

In  Aivor  of  the  Doorkeeper  and  iVssistant  Doorkeepers,  78 

To  publish  the  ordinances,  7  I 

Asking  information  as  to  the  state  and  condition  of* the 

Cajie  Fear  luid  Deep  River  Improvement,  76 

In  favor  of  D.  D.  Fcrcbcc,  Esq.,  75 

SALT— 

An  Ordinance  in  regard  to  the  supply  of  Salt,  •'•2 

SPECULATION— 

An  Ordinanco  fur  bupprcestng  oppres-sivc  speculation 
upon  thfi  present  necessities  of  the  people,  GO 

TliEASUKY  DEPARTMENT— 

An  Ordinance  to  nuthorizo  the  Public  Treasurer  to  em- 
ploy ixn  additional  Clerk  in  the  Treasury  Department, 
and  other  purposos,  hO 


1  N  1 )  E  X 

TO    ORDINANCES    AND    KKSOLUTTONS. 

THIRD     SESSION. 


Paok. 
ACTS  OF  GENERAL  ASSEMBLY—  January  and 

An  Ordinance  to  nbrogato  tho  4th  section   of  an   act  of  Fei>ruaiy,  1862. 

the  Legislature  of  the  State  of  North  Carolina,  passed 
Ht  the  last  extra  se.ssion.  entitled  "  An  Act  entitled 
Revenue,"  8l' 

BOARD  OF  CLAIMS— 

An  Ordinance  relative  to  the  exponscp  incurred  b3-  tho 

Board  of  Claims,  120 

An  Ordinance  for  the  payment  of  claims  audited  and 
allowed  bj'  the  Board  of  Claims.  12:] 

BOUNTY— 

An  Act  grantinsr  bounly  to  nortnin  North  f";irolinn 
Volunteers,  111 

COURTS— 

An  Ordinance  to  ratily  and  confirm  the  acts  and  judicial 
proceedincjs  of  the  Superior  Courts  lately  held  by  his 
Honor,  Judge  French,  in  the  counties  of  Henderson, 
Buncombe,  Madison  and  Yancey,  81 

An   Ordinance  authorising   the  holding  of  a  Court  of 
Oyer  and  Terminer  at  Waynesville,  in  Haywood  county,       llU 
FINANCIAL— 

An  Ordinance  to  modify  and  perfect  an  ordinance  passed 
at  the  last  session  <^  the  Convention,  entitled  "An 
Ordinance  to  provide  for  the  rai.sing  of  money  for  the 
support  of  Government,  and  for  the  issue  of  Treasury 
notes  for  the  purpose  of  paying  the  public  debt  and  ^ 

purchasing  supplies  for  the  military  forces  employed  fur 
defence  in  the  present  war,  and  for  other  purposes.  7'.* 

An  Ordinance  to  authorize  tho  Treasurer  to  issue  Treas- 
ury notes,  107 

An  Ordinance  to  provide  for  funding  the  Treasury  notes 

of  this  State,  and  for  other  purposes,  l-H 

M  I  LIT  I  A- - 

An  Ordinance  to  authorize  the  Governor  to  embody  the 

militia  for  the  defence  of  the  State,  7'* 

MISCELLANEOUS— 

An  Ordinance  to  make  some  provi.aion   for  the  families 

of  soldiers  dying  in  the  service,  llIO 

An  Ordinance  concerning  the  Paymaster's  Department,        121 

An  Ordinance  to  encourage  the  manufacturo  of  Cotton 
and  Woolen  Cards,  122 

An  Ordinance  conferring  on  the  Commissioners  of  (the] 
town  of  Wilmington  and  other  towns  certain  iHiwerp 
for  the  defence  thereof,  l2b 


H  l\T»F\. 

Paok 
.i«nu»ry.nd      NORTH  CAROLINA  TROOPS- 

■  iTMsrv.  iwj.  An  Ordinance  to  raise  North   (  tiri.iina'«   Qiiotn  of  Con - 

f»Hlt*rate  Troops,  116 

An  Ordinunrp  regulatinij  the  nppointmont  of  company 
1         ofRoers,  "  1.7 

P.AILROAI)  COMPANIES— 

An  Ordinance  in  addition   to  and  anu'ndment  of  an  act 
of  the  General  Assombly.  rati  tied  tlic  16th  day  of  Fcb- 
'  niary.    1801,   cntitlod    "An    Act   to   incorporate   tht» 

Chatham  Railroad  Com])any,"   and   to  repeal  an   act 
supplemental  thoroto.   ratified  the  '_'3rd  day  of  Febru- 
ary. 18r,].  '  83 
An   Ordinance   to   incorp<irate   the    Piedmont    Railroad 

Company,  85 

An  Ordinance  to  incorporate  the  Wiuhington  and  Tar- 

boro'  Railroad  Company.  100 

An  Ordinance  supplemental  to  an  ordinance,  ratified  at 
the  present  session  of  this  Convention,  entitled  "  An 
Ordinance  in  addition  to  and  amendment  of  an  act  of 
the  General  Assenibly.  ratified  the  15th  day  of  Febru- 
ary, 1801,  entitled  an  act  to  incorporate  the  Chatham 
Railroad  Comjiany,  and  to  repeal  an  act  suppiementa! 
thereto,  ratified  the  "Ji^rd  of  February,  18t'il."  and  au- 
thorizing certain  persons  to  open  books  of  subscription 
to  the  capital  stock  of  ,:nid  company,  1 1 1 

RESOLUTIONS— 

Authorizing  W.  B.  Gulick  to  use  Census  Returns,  80 

In  relation  to  the  Mints,  108 

Respecting  the  pay  of  the  38th  Regiment  North  ('arolina 

Volunteers,  108 

To  print  an  ordinance,  UM» 

Relating  to  ro-enlistment  of  volunteers.  118 

(/'oncerning  the  manufacture  of  Sulphur  and  Saltpetre,  115 

In  favor  of  soldiers  detained  at   railroad  stations  in  this 

State,  no 

In  behalf  of  Wm.  U.  Lovell,  iL'l 

In  favor  of  tbi'  I)o<)rkop|icrs,  Ili'J 

SALT— 

An  Ordinance  to  encourage  the  mining  and  manufactu- 
ring of  Salt  in  the  interior  of  this  State,  8'J 
0                  <I'nilTITOrs   LIQUORS— 

An  Ordinance  to  prohibit,  for  a  limited  time,  tlie  manu- 
facture of  spirituous  liquors  from  grain,  ll'.t 
■JA.XATION— 

An  Ordinance  concerning  the  levying  of  Ta.\r.-,   l»y   llic 

(•ounty  Courts,  lOK 

An  Ordinance  to  Tax  Mt>nev.  127 


I  N  D  E  X 

TU    UllUilSANCKS    AND    KKSOLUTlOiNS, 
Fonrni    kession. 


P.VfJK- 
I  i  A  N  KS—  April  ana  May, 

An  Ordinanco  for  the  relief  of  the  Brinks  of  this  State,         l:]'.>  ^^'''^■ 

An  Ordinance  t>>  authorize  the  Stockholder?  of  the  Miner?' 
and  Planter?'  Unnk.  of  Murphy,  to  establish  an  Aiienev 
uv  IJranch  east  <>f  the  IjIu'?  Kidge,  H'l 

UOARD  OF  CLAIMS— 

An  Ordinance  in  regard  to  the  Board  of  Claim.-,  1  )") 

An  Ordinance  to  authorize  the  ]>aynient  of  certain  claim- 
allowed  and  re]>()rtcd  bj-  the  Board  of  Claim?.  Mii 

An  Ordinance  to  authorize  the  payment  of  certain  claim* 

allowed  by  the  Board  of  Claim?,  ]t,-2 

^  <'[■  KTS— 

An  Ordinanco  in  regard  to  holding  of  the  Court?  in  and 
for  the  coujity  of  'Hertford,  !:;? 

KXKCUTIVE— 

An  Ordinance  concerning  the  election  of  Governor.  Ill 

FINANCIAL— 

An  Ordinance  to  nijike   further  provision    for  the  l'uli!ic 

Trea?urv.  17-5 

MISCELLANEOUS— 

An  Ordinanco  to  pay  the  Kev.  Morri;-  H.  Vauirhan  tor 
certain  ?ervice?,  V\j 

An  Ordinance  to  authorize  the  Public  Troa?urer  to  ]>ay  . 
Kev.  F.  V.   Hoskin?  for  service?  as?  Clinplain  of  the 
Seventh  Kegimcnt  of  North  Carolina  Volunteers,  1  Ij 

An  Ordinance  (oamend  an  ordinance  entitled  "  An  Ordi- 
nance to  ?<?cure  to  certain  officer-  and  ?oldiers  the  right 
to  vote,'"  1  Hi 

An  Ordinance  providing  for  an  increase  of  the  !«alarie.eo| 
the  Treasurer,  Comptroller  and  Secretary  of  State  for 
the  year  1862,  1-VJ 

An  Ordinance  to  enlar^re  the  police  power?  of  the  soverai 
corporate  town?  in  this  State,  1  VJ 

An  Ordinance  to  incorporate  the  SaponH  Iron  Comjiany.       l."»4 

An  Ordinance  in  relation  to  Elector?  of  the  Senate.  15M 

An  Ordinance  for  the  relief  of  «uch  per(»on?  an  may  puffer 
'--.iTii  111'  dc-l; Miction  of  the  record^  of  HertforV]  county. 
,(r;.  M  .()  by  the  hurninii  of  th/*  Court  Hou-e  and 
C'I'rk'r  cince?  of  said  countv,  ^'*ii 

An  Ordinance  ri<)iiiriii::  tlio  }*ublic  Treapurcr  to  rpdeom 
mutilated  Trea-ury  tint.-  101 

An    Ordinance  \n  exen  I    the   Stxrwiy  of 

..f  Friendh  from  iK-rl.  dutv.  '  i<ri 

•2A 


II  INDKX. 

P-UIK. 

April  an.i  M:iy.    M ISCELLANEOUS— 

^'^"--  An  Ordinance  to  allow  certain  persons  to  vote  for  Gover- 

nor in  nnv  other  than  the  counties  in  which  they  reside.       16'i 
NORTH  CAROLINA  T1100P8— 

An  Ordinance  amendatory  of  an  ordinance  to  raise  North 
Csirolina's  Quota  of  Confederate  Troops,  passed  and 
ratitied  the  lOtli  day  of  February,  A.  I)..  18t)2,  1J;1 

A  n  Ordinance  to  repeal  an  ordinance  passed  at  the  present 
•■•ession  of  this  Convention,  entitled  "  An  Ordinancf 
amendatory  of  an  ordinance  to  raise  North  Carolina's 
t^uota  of  Confederate  Troops,  jia.-sed  and  ratilied  tht^ 
nineteenth  day  of  February,  A.  1).,  1S02,"  and  to  extend 
the  provisions  as  to  bounty  to  certain  other  jiersons.  Iii2 

r  K R M  A N  FN T  O RIM N ANC ES— 

An  Ordinance  dcclurinsj  what  ordinance?  of  this  Con- 
vention sliall  have  permanent  operation.  174 
RAILROAD  CO  M 1'  A  N I FS— 

An  Ordinance  l<>  enable  the  "Western  Kailroad  Company 

to  complwte  their  road,  IdO 

An  Ordinance  to  rcjieal  the  ninth  section  of  the  charter 
of  the  Cheraw  and  Coallields  Railro.nd,  as  amended  by 
the  Lei^islaturc  of  18(iO'-ril,  lou 

An  Ordinance  to  charter  ti>e    Flor^^nce  and    Kavi'ltevilie 

Railroad  Conipanv.  ItiO 

RESOLUTIONS— 

in  regard  to  a  certain  claim  in  favor  .>r.|.  R.  Davidson.        ]."I7 
(^>ncernini^  tly^  County  of  Burke,  l;iS 

In  favor  of  Alamance  County,  l-lo 

j-'roviding  for  the  printing  of  the  .Fnurnals  of  the  Con- 
vention, J. 57 
In  favor  of  Robert  Towles,  \h^.i 
For   the  publication   of   the   ordinnnoes  of  llie  present 

session  of  the  Convention,  lUI 

In  favor  of  the  Doorkeepers,  1C4 

To  print  tln'  Ordinances  and  Resolution^  of  the  Conven- 
tion, l(;i) 
SALT— 

An  Ordinance  in  addition  to  and  amendment  of  an  onii- 
"luince,  entitled  "An  Ordinanee  in  regard  to  the  suji- 
plv  of  Salt,'  l.jl 

■PAXFS— * 

An  Ordinance  to  provide  for  collecting  the  tax  on  sjiirit- 
uous  liquors  m.-mufactured  or  scdd  in  this  State  im})Osed 
by  an  ordinance  of  this  Convention  whicli  was  r.atilled     . 
on  the  lilst  day  of  February,  l^fili,  i;;".i 

Picsolution  to  provide  for  the.  prompt  collection  of  the 
tax  imposed  on  the  (nanufactiire  und  sale  of  ardent 
sjiirits,  142 

An   Ordinance   exempting   the   property    of  delinquejii 

soldiers  from  double  taxes,  144 

An  Ordinance  to  provide  for  the  collection  of  taxes,  aiui 

for  other  purposes,  loO 

An  Ordinance  legalizing  the    laying  of  taxes  in  rnion 

County,  l.'i".* 

An  Ordinance  ctmceming  the  colleiUion  of  taxes  in  i-er- 

tain  counties.  llJO 


/ 


\ 


